HOUSE BILL No. 4972


     June 25, 1997, Introduced by Reps. Crissman, Brackenridge, Goschka, Hammerstrom, Dobb, Bodem, Middleton, Gernaat and Dalman and referred to the Committee on Consumer Protection.


        A bill to amend 1990 PA 48, entitled

   "An act to prohibit the use of a facsimile machine to transmit
   unsolicited advertising messages; to prescribe the powers and
   duties of certain state agencies and officials; and to provide
   remedies and prescribe penalties,"

   by amending section 6 (MCL 445.1776).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 6.  The  A person  receiving  WHO RECEIVES an adver-

 2    tisement in violation of this act may file a civil suit in the

 3    court of proper jurisdiction to recover actual damages  ,  or

 4     $250.00  $1,000.00, whichever is greater, PLUS REASONABLE ATTOR-

 5    NEY FEES, if any of the following  had  occurred  prior to 

 6    BEFORE the person  receiving  RECEIVED the advertisement:

 7         (a) The attorney general  had  issued a notice to cease and

 8    desist under section 3 to the person who sent the advertisement.





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 1         (b) The person who sent the advertisement  had  entered into

 2    an assurance of discontinuance under section 4.

 3         (c) The person  had  notified the sender in writing that the

 4    sender did not have the person's consent to send an

 5    advertisement.














































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