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MI HB5923

Bill

Status

Introduced

11/6/2014

Primary Sponsor

Sean McCann

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Prohibits denying credit or utility service to identity theft victims solely based on victim status if the business had prior knowledge, provided the victim submits a police report and federal trade commission affidavit or acceptable alternative.

  • Prohibits sending unsolicited checks or credit cards to consumers without existing credit relationships or recent credit applications; violators are liable for unauthorized use charges, fees, and interest rather than consumers.

  • Requires businesses extending credit to exercise reasonable identity verification procedures, with compliance to USA PATRIOT Act regulations satisfying this requirement.

  • Requires data brokers owning or licensing personal information databases to display conspicuous opt-out notices on their webpages allowing consumers to demand their personal identifying information not be shared or sold to third parties.

  • Establishes misdemeanor penalties of up to $1,000 for first violation, $2,000 for second violation, and $3,000 for third or subsequent violations, with imprisonment up to 93 days; does not limit civil remedies under state or federal law.

Legislative Description

Trade; data security; data brokers; require opt-out to protect personal identifying information. Amends sec. 11 of 2004 PA 452 (MCL 445.71) & adds sec. 11a.

Consumer protection, privacy

Last Action

Printed Bill Filed 11/07/2014

11/12/2014

Committee Referrals

Energy And Technology11/6/2014

Full Bill Text

No bill text available