Michigan Laws 445.1776 – Civil suit
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A person who receives an advertisement in violation of this act may file a civil suit in the court of proper jurisdiction to recover actual damages or $500.00, whichever is greater, plus reasonable attorney fees, if any of the following occurred before the person received the advertisement:
(a) The attorney general issued a notice to cease and desist under section 3 to the person who sent the advertisement.
Terms Used In Michigan Laws 445.1776
- Advertisement: means a message or material transmitted over a facsimile machine for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of real property, goods, or services. See Michigan Laws 445.1771
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, partnership, association, corporation, or other legal entity. See Michigan Laws 445.1771
(b) The person who sent the advertisement entered into an assurance of discontinuance under section 4.
(c) The person notified the sender in writing that the sender did not have the person’s consent to send an advertisement.