Consumer protection; home solicitation sales; telemarketing;

revise penalties for violation of act.

CONSUMER PROTECTION: Home solicitation sales; COMMUNICATIONS:

Telecommunications

A bill to amend 1971 PA 227, entitled

"An act to prescribe the rights and duties of parties to home

solicitation sales,"

(MCL 445.111 to 445.117) by adding section 18.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 18. (1) THE COMMISSION SHALL ESTABLISH A COMPLAINT

2 PROCEDURE TO ALLOW PERSONS, OR THE COMMISSION ON ITS OWN MOTION,

3 TO FILE CLAIMS OF VIOLATIONS OF SECTIONS 7 THROUGH 16 OR A RULE

4 OR ORDER ISSUED RELATING TO SECTIONS 7 THROUGH 16.

5 (2) EXCEPT AS OTHERWISE PROVIDED UNDER SECTION 17, UPON THE

6 FILING OF A CLAIM, THE COMMISSION SHALL INVESTIGATE AND MAKE

7 FINDINGS OF WHETHER A VIOLATION HAS OCCURRED.

8 (3) IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, IF

9 THE COMMISSION FINDS, AFTER NOTICE AND HEARING, THAT THERE HAS

10 BEEN A VIOLATION, IT MAY DO 1 OR MORE OF THE FOLLOWING:

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1 (A) ISSUE A CEASE AND DESIST ORDER.

2 (B) ORDER THE PERSON TO PAY A FINE OF NOT LESS THAN

3 $10,000.00 OR MORE THAN $50,000.00 FOR EACH DAY THAT THE PERSON

4 IS IN VIOLATION OF THIS SECTION.

5 (C) ORDER THAT THE PERSON'S TELEPHONE SOLICITATION LICENSE

6 BE REVOKED.

7 (4) IF THE VIOLATION WARRANTS IMMEDIATE ACTION, THE COMMIS-

8 SION IS AUTHORIZED TO ISSUE A PRELIMINARY CEASE AND DESIST

9 ORDER. A REQUEST FOR PRELIMINARY ORDER UNDER THIS SUBSECTION

10 SHALL BE EITHER GRANTED OR DENIED WITHIN 3 BUSINESS DAYS FROM THE

11 DATE THE COMPLAINT IS FILED.

12 (5) IF A PERSON VIOLATES AN ORDER ISSUED UNDER SUBSECTION

13 (3) OR (4), THE COMMISSION MAY ORDER THE PERSON TO PAY A FINE OF

14 NOT MORE THAN $10,000.00 FOR EACH DAY THE PERSON IS IN VIOLATION

15 AND TO MAKE WHOLE ANY PERSON INJURED BY THE VIOLATION, INCLUDING

16 THE PAYMENT OF REASONABLE ATTORNEY FEES.

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