Legal Definitions - Michigan

In the context of legal regulations, Michigan refers to a body of state laws designed to protect consumers and minors from various forms of unwanted or harmful electronic communications and digital interactions. These laws cover areas such as unsolicited commercial emails (spam), telemarketing calls, faxes, and other digital messages, as well as specific protections for children online. The aim is to ensure privacy, prevent deceptive trade practices, and safeguard individuals, especially minors, from inappropriate content or harassment in the digital realm.

• Example 1: Unsolicited Commercial Email (Spam)

  A new online clothing boutique, "TrendyThreads.com," based out of state, purchases a large email list and sends promotional emails to thousands of Michigan residents who have never subscribed to their mailing list or interacted with their business. These emails do not include a clear, functional way for recipients to opt out of future communications, and the sender's true identity is obscured.

  How it illustrates the term: This scenario demonstrates a potential violation of Michigan's Unsolicited Commercial Email Protection Act. The law prohibits sending unsolicited commercial emails that fail to meet specific requirements, such as providing a clear opt-out mechanism and accurately identifying the sender. "TrendyThreads.com" could face legal action for sending such emails to Michigan residents.

• Example 2: Telemarketing and "Do Not Call" Registry

  Mr. Henderson, a Michigan resident, registered his home phone number on the Michigan "Do Not Call" registry over two years ago. Despite this, he receives a call from a company named "SolarSolutions Inc." offering a free estimate for solar panel installation. Mr. Henderson informs them he is on the "Do Not Call" list, but the telemarketer continues their sales pitch.

  How it illustrates the term: This situation highlights Michigan's telemarketing regulations, which include a "Do Not Call" registry. Companies are generally prohibited from making unsolicited telemarketing calls to numbers listed on this registry. "SolarSolutions Inc." would be in violation of Michigan law by contacting Mr. Henderson after he registered his number, even if they were unaware of his registration.

• Example 3: Protecting Minors from Inappropriate Digital Content

  A 12-year-old Michigan resident, Emily, uses a popular social media platform where her email address is linked to her account. An adult user on the platform sends Emily a series of explicit images and sexually suggestive messages through the platform's private messaging system, which is connected to her registered email "contact point."

  How it illustrates the term: This example directly relates to the Michigan Children's Protection Act of 2004. This Act criminalizes sending pornographic or otherwise inappropriate messages to "contact points" (like email addresses or social media accounts) used by minors. The adult user's actions would constitute a serious criminal offense under Michigan law, as the Act aims to safeguard children from such harmful digital interactions.