Introduced
by
To require the creation of a state-run "do not call" list of citizens who businesses would be prohibited from calling, subject to penalties of $250 per violation, or actual damages, whichever is greater. Calls for political or non-profit purposes would be exempt, along with those from firms with less than 25 employees whose primary source of business is not telephone solicitation, and firms which have a prior business relationship with an individual. Finally, the legislation requires a telemarketer to identify himself and on whose behalf he is calling immediately, provide a toll-free number, provide a three-day right of recission on phone purchases, and prohibits the use of caller ID blocking devices. The bill is part of a legislative package comprised of HB 4042, HB 4154, HB 4250, HB 4631, and HB 4632.
Referred to the Committee on Energy and Technology
Substitute offered
To adopt a version of the bill recommended by the committee which reported it to the full House.
The substitute passed by voice vote
Substitute offered
by
To adopt a revised version of the bill.
The substitute passed by voice vote
Passed in the House 99 to 1 (details)
To require the creation of a state-run "do not call" list of citizens that telemarketers would be prohibited from calling, subject to penalties of $250 per violation, or actual damages, whichever is greater. Calls for political or non-profit purposes would be exempt, along with those from firms with less than 25 employees whose primary source of business is not telephone solicitation, and firms which have a prior business relationship with an individual. Finally, the legislation requires a telemarketer to identify himself and on whose behalf he is calling immediately, provide a toll-free number, provide a three-day right of recission on phone purchases, and prohibits the use of caller ID blocking devices. The bill is part of a legislative package comprised of HB 4042, HB 4154, HB 4250, HB 4631, and HB 4632.
Substitute offered
To adopt a substitute version of the bill which removes most exemptions on which businesses are required to honor the "do not call" list proposed by the bill.
The substitute passed by voice vote
Amendment offered
by
To allow a business with an existing business relationship with a customer to call that person even if his or her number is listed on the proposed "do not call" list.
The amendment failed 16 to 20 (details)
Amendment offered
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To allow a health care provider with an existing relationship with a person to call that person, even if the number is listed on the proposed “do not call” list.
The amendment passed by voice vote
Amendment offered
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To allow a business with 25 or fewer employees which does not have telephone solicitation as its primary business to make telemarketing calls to numbers listed on the proposed "do not call" list.
The amendment failed 14 to 22 (details)
Amendment offered
by
To allow an insurance agent to make telemarketing calls to numbers listed on the proposed "do not call" list.
The amendment failed 19 to 17 (details)
Amendment offered
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To prohibit the vendor engaged by the Department of Consumer and Industry Services to maintain the proposed "do not call" list from selling the names on the list.
The amendment passed by voice vote
Amendment offered
by
To allow a real estate agent to make telemarketing calls to numbers listed on the proposed "do not call" list.
The amendment passed 33 to 3 (details)
Amendment offered
by
To allow a stock broker to make calls to numbers listed on the proposed "do not call" list.
The amendment passed 23 to 13 (details)
Amendment offered
by
To allow a financial institution to make calls to numbers listed on the proposed "do not call" list.
The amendment failed 17 to 19 (details)
Amendment offered
by
To not apply the "do not call" list prohibitions to phone numbers which are for home-based commercial ventures.
The amendment failed by voice vote
Amendment offered
by
To allow an insurance estate agent to make telemarketing calls to numbers listed on the proposed "do not call" list.
The amendment passed 20 to 16 (details)
Amendment offered
by
To exempt calls required by an anti-"slamming" law to confirm the transfer of long distance telephone service.
The amendment passed by voice vote
Substitute offered
by
To replace the previous version of the bill with a new one which eliminates the single statewide “do not call” list, and requires individual telemarketers to keep and honor their own lists. The substitute requires telemarketers to immediately identify themselves, the entity for whom they are calling and that entity’s telephone number. It requires telephone companies and phonebook publishers to print instructions on bills and directories telling customers how to get their names on a telemarketer's “do not call” list.
The substitute passed by voice vote
Amendment offered
by
To exempt insurance agents from the provisions of the Shugars substitute.
The amendment passed by voice vote
Amendment offered
by
The amendment passed by voice vote
Amendment offered
by
To allow a business with an existing business relationship with a customer to call that person even if his or her number is listed on the proposed statewide "do not call" list.
The amendment failed by voice vote
Passed in the Senate 22 to 10 (details)
To require individual telemarketers to keep and honor their own “do not call” lists, rather than establishing a single statewide list. The bill requires telemarketers to immediately identify themselves, the entity for whom they are calling, and that entity’s telephone number. It also requires telephone companies and phonebook publishers to print instructions on bills and directories telling customers how to get their names on a telemarketer's “do not call” list. Finally the bill exempts from its provisions nonprofit and charitable organizations, and right-of-rescission and purchase-confirmation calls made pursuant to state and federal law. The bill is part of a legislative package comprised of HB 4042, HB 4154, HB 4250, HB 4631, and HB 4632.
Received
Passed in the Senate 22 to 11 (details)
Failed in the House 0 to 104 (details)
To not concur with a Senate-passed version of the bill, and sent it to a House-Senate conference committee to work out the differences. The House-passed bill contains a state "do not call" list that has many exemptions and may not apply to out-of-state telemarketers. The Senate-passed version does not have the statewide "do-not-call" list, but requires telemarketers to maintain and honor their own list, and in another bill in the package (HB 4154) prohibits the use of "caller-ID block" by telemarketers.
Passed in the House 75 to 0 (details)
To adopt a compromise version of the bill reported by a House-Senate conference committee. This would require the Michigan Public Service Commission to establish a telemarketers “do not call” list. Telemarketers would be prohibited from calling consumers on the list. A fee of not more than $5 for a three-year period could be charged to residential phone customers who want to be on the list. Telemarketers would also pay a fee for access to the list. Exemptions would apply to a solicitor invited by the consumer to call; who has an existing relationship with the consumer; or who only asks for a face-to-face meeting and does not urge the consumer to make a decision. Also exempt would be charitable organizations, public safety organizations, and political entities. The bill requires telemarketers to abide by a “code of ethics” which mandates honest dealing and full disclosure to a consumer, requires telemarketers to have a live person available for all calls, prohibits the use by solicitors of caller-ID block, and prohibits offering a prize for which a purchase or payment is necessary. Should a national “do not call” list be created, it would supercede the Michigan one.
Passed in the Senate 34 to 0 (details)
