Michigan bill would limit sales and automated phone calls

People could use automated calls or texts only in listed situations and within specific limits. The ban covers automated calls to emergency numbers, hospital or care facility rooms, and numbers where the recipient is charged. It also allows certain texts to charged numbers under limited exceptions. Emergency calls and calls made with the recipient's prior written consent are exceptions to the ban on automated calls to covered numbers. Package delivery, inmate billing, financial security, and health care calls or texts are allowed only under listed limits. They cannot include sales, debt collection, or advertising, must be brief, and must explain how to opt out. These rules would apply only if the act takes effect, which depends on HB 6394 becoming law.

Callers would have to follow limits on sales calls and identify themselves on artificial or recorded calls. These rules cover sales calls to Michigan residents with residential, wireless, or internet phone service, and artificial or recorded calls that advertise to them. Artificial or recorded calls that advertise to residents generally require signed written consent, with exceptions for emergencies and certain limited calls that allow opt-outs. Sales calls to residents could not be made before 8 a.m. or after 9 p.m. Calls to numbers on the national do-not-call list are barred unless a listed exception applies. These rules would apply only if the act takes effect, which depends on HB 6394 becoming law.

Callers would have to identify themselves, give a no-cost callback number, and honor opt-out requests. The identification and opt-out rules apply to artificial or recorded calls; consent and caller ID rules apply to people who make calls or send texts. Covered artificial or recorded calls must provide a way to opt out; voicemail messages must include a toll-free number for that purpose. Consent revocation requests generally must be honored within 10 business days. A person who gave written consent must revoke it under the act before filing a complaint with the attorney general. Knowingly misleading caller ID to defraud, harm, or wrongfully obtain something of value is prohibited. A violation may be treated as a state civil infraction with a fine of up to $500. Consent revocation requests generally must be honored within 10 business days.

The attorney general would set up a complaint process, report on enforcement, and hold a public consultation. These duties would fall to the Michigan attorney general and concern complaints and enforcement under the act. The annual report would cover complaints, enforcement actions, fines, referrals, cooperation with other authorities, and proposals to reduce violations and frivolous complaints. The public consultation would address people's objections to sales calls and political contribution solicitations. The complaint process and first annual report would be due within one year after the act takes effect. The public consultation would be due within 120 days.