SB 351 — Consumer protection: marketing and advertising; telephone solicitation act; create. Creates new act. TIE BAR WITH: SB 0352'25, SB 0353'25, SB 0354'25, SB 0355'25

SB-351, As Passed Senate, January 29, 2026 SUBSTITUTE FOR SENATE BILL NO.

(b) "Caller identification service" means a service or device VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 designed to provide the use of the service or device with the telephone number of, or other information regarding the origination of, a telephone communication.

VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 (h) "Express verifiable authorization" means a written agreement that includes all of the following:

(j) "Low-income worker" means an employee who receives annual wages from the employer of the employee, excluding overtime wages, at a rate less than 138% of the federal poverty level guidelines for a family of 5 published annually in the Federal Register by the VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 United States Department of Health and Human Services under its authority to revise the poverty line under 42 USC 9902.

VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 (iv) To encourage the recipient to accept a prize promotion.

VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 (p) "Telephone solicitor" means a person that makes, or causes to be made, a telephone solicitation within this state from within or outside of this state.

(b) The telephone solicitor making the telephone call VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 immediately discloses both of the following:

(3) The organization or other person described in subsection (1) shall ensure that the individual answering the telephone number under subsection (2) provides a residential telephone subscriber VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 who calls that telephone number with information to describe the purpose and operations of the organization or other person on whose behalf the telephone solicitation was made and with information to describe the purpose of the telephone solicitation described in subsection (1).

(5) Subsection (4) does not create liability for a carrier or VoIP whose action is undertaken for the purpose of complying with a wireless local number portability requirement promulgated by the VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 Federal Communications Commission.

VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 (3) A person making a telephone solicitation must demonstrate that subsection (2) applies before using an ADAD under subsection (1).

(2) Except as otherwise provided in subsection (3), a contract VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 made in accordance with a telephone solicitation is not valid and enforceable against a consumer unless the contract complies with this section.

It is an unfair or deceptive method, act, or practice and a violation of this act for a telephone solicitor to, or for a telephone solicitor to cause another person to, do any of the VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 following during the course of a telephone solicitation:

(b) Make a false or misleading statement or misrepresentation with the purpose of inducing a subscriber to pay for goods or services, make a contribution, or pay to avoid liability, legal or VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 otherwise, on behalf of the subscriber or a member of the subscriber's family, or wrongfully obtain anything of value.

VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 Sec.

(2) Unless waived by the court on good cause shown not less than 10 days before the commencement of a civil action under this VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 section, the attorney general shall notify the person of the intended action and give the person an opportunity to cease and desist from the alleged unlawful method, act, or practice or to confer with the attorney general in person, by counsel, or by other representative as to the proposed action before the proposed filing date.

(b) The court issuing an injunction, order, decree, or judgment retains jurisdiction, the cause must be continued, and the VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 attorney general may petition for recovery of a civil fine as provided under this subsection.

VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 (d) The public's interest in eliminating the benefits derived by the person from the violation.

The assurance may be modified by the VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 parties under an agreement by all parties in writing or by a court for good cause.

(2) At any time before the return date specified in the demand VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 for information under subsection (1), or not more than 14 days after notice of the demand, whichever is shorter, a person that information has been requested from may petition the circuit court of Ingham County, stating good cause, for a protective order to extend the return date for a reasonable time, or to modify or set aside the demand.

The court may, immediately and without notice, forbid the removal from any place, concealment, withholding, destruction, mutilation, falsification, or alteration by any other means of a documentary material in the possession, custody, or control of a person believed to be connected with VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 methods, acts, or practices that violate this act.

(1) A person that is served under section 25 must comply with the terms of the notice unless otherwise provided by an VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 order of the circuit court.

VMP S02407'25 (S-4)(S-4)_SB351_APS_1 czy0vh9htz04 1 (a) Actual damages plus reasonable attorney fees.

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