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HOUSE BILL NO. 6188
A bill to amend 1971 PA 227, entitled
"An act to prescribe the rights and duties of parties to home
solicitation sales; to regulate certain telephone solicitation; to
provide for the powers and duties of certain state officers and
entities; and to prescribe penalties and remedies,"
by amending section 1 (MCL 445.111), as amended by 2009 PA 93.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act: 1
(a) "Home solicitation sale" means a sale of goods or services 2
of more than $25.00 in which the seller or a person acting for the 3
July 03, 2026, Introduced by Reps. Schuette and Tisdel and referred to Committee on Finance.
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seller engages in a personal, telephonic, or written solicitation 1
of the sale, the solicitation is received by the buyer at a 2
residence of the buyer, and the buyer's agreement or offer to 3
purchase is there given to the seller or a person acting for the 4
seller. Home solicitation sale does not include any of the 5
following: 6
(i) A sale made pursuant to in accordance with a preexisting 7
revolving charge account. 8
(ii) A sale made pursuant to in accordance with prior 9
negotiations between the parties at a business establishment at a 10
fixed location where goods or services are offered or exhibited for 11
sale. 12
(iii) A sale or solicitation of insurance by an insurance agent 13
licensed by the commissioner of insurance.under the insurance code 14
of 1956, 1956 PA 218, MCL 500.100 to 500.8302. 15
(iv) A sale made at a fixed location of a business 16
establishment where goods or services are offered or exhibited for 17
sale. 18
(v) A sale made pursuant to in accordance with a printed 19
advertisement in a publication of general circulation. 20
(vi) A sale of services by a real estate broker or salesperson 21
licensed by the department of consumer and industry services.under 22
article 25 of the occupational code, 1980 PA 299, MCL 339.2501 to 23
339.2518. 24
(vii) A sale of agricultural or horticultural equipment and 25
machinery that is demonstrated to the consumer by the vendor at the 26
request of either or both of the parties. 27
(b) "Fixed location" means a place of business where the 28
seller or an agent, servant, employee, or solicitor of that seller 29
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primarily engages in the sale of goods or services of the same kind 1
as would be sold at the residence of a buyer. 2
(c) "Business day" means Monday through Friday. and Business 3
day does not include Saturday, Sunday, or the any of the following 4
business holidays: 5
(i) New Year's day, Day. 6
(ii) Martin Luther King's birthday, King, Jr. Day. 7
(iii) Washington's birthday, Birthday. 8
(iv) Memorial day, Day. 9
(v) Independence day, Day. 10
(vi) Labor day, Day. 11
(vii) Columbus day, Day. 12
(viii) Veterans' day, Day. 13
(ix) Thanksgiving day, and Day. 14
(x) Christmas day.Day. 15
(d) "Federally insured depository institution" means a state 16
or national bank, state or federal savings bank, state or federal 17
savings and loan association, or state or federal credit union that 18
holds deposits insured by an agency of the United States. 19
(e) As used in only the definition of home solicitation sales, 20
sale, "goods or services" does not include any of the following: 21
(i) A loan, deposit account, or trust account lawfully offered 22
or provided by a federally insured depository institution or a 23
subsidiary or affiliate of a federally insured depository 24
institution. 25
(ii) An extension of credit that is subject to any of the 26
following acts: 27
(A) The For 6 months after the effective date of the 28
residential mortgage licensing and supervision act, the mortgage 29
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brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 1
445.1651 to 445.1684. 2
(B) The For 6 months after the effective date of the 3
residential mortgage licensing and supervision act, the secondary 4
mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81. 5
(C) Beginning on the effective date of the residential 6
mortgage licensing and supervision act, the residential mortgage 7
licensing and supervision act. 8
(D) (C) The regulatory loan act, 1939 PA 21, MCL 493.1 to 9
493.24. 10
(E) (D) The consumer financial services act, 1988 PA 161, MCL 11
487.2051 to 487.2072. 12
(F) (E) 1984 PA 379, MCL 493.101 to 493.114. 13
(G) (F) The motor vehicle sales finance act, 1950 (Ex Sess) PA 14
27, MCL 492.101 to 492.141. 15
(iii) A sale of a security or interest in a security that is 16
subject to the uniform securities act, 1964 PA 265, MCL 451.501 to 17
451.818, or the uniform securities act (2002), 2008 PA 551, MCL 18
451.2101 to 451.2703. 19
(f) "Written solicitation" means a postcard or other written 20
notice delivered to a buyer's residence that requests that the 21
buyer contact the seller or seller's agent by telephone to inquire 22
about a good or service, unless the postcard or other written 23
notice concerns a previous purchase or order or specifies the price 24
of the good or service and accurately describes the good or 25
service. 26
(g) "ADAD" or "automatic dialing and announcing device" means 27
any device or system of devices that is used, whether alone or in 28
conjunction with other equipment, for the purpose of automatically 29
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selecting or dialing telephone numbers. 1
(h) "Commission" means the Michigan public service commission 2
created in section 1 of 1939 PA 3, MCL 460.1. 3
(i) "Do-not-call list" means a do-not-call list of consumers 4
and their the consumers' residential telephone numbers maintained 5
under section 1a by the commission, by a vendor designated by the 6
commission, or by an agency of the federal government. , under 7
section 1a. 8
(j) "Existing customer" means an individual who has purchased 9
goods or services from a person, who is the recipient of a voice 10
communication from that person, and who either paid for the goods 11
or services within the 12 months preceding the voice communication 12
or has not paid for the goods and services at the time of the voice 13
communication because of a prior agreement between the person and 14
the individual. 15
(k) "Person" means an individual, partnership, corporation, 16
limited liability company, association, governmental entity, or 17
other legal entity. 18
(l) "Residential telephone subscriber" or "subscriber" means a 19
person an individual residing in this state who has residential 20
telephone service. 21
(m) "Telephone solicitation" means any voice communication 22
over a telephone for the purpose of encouraging the recipient of 23
the call to purchase, rent, or invest in goods or services during 24
that telephone call. Telephone solicitation does not include any of 25
the following: 26
(i) A voice communication to a residential telephone subscriber 27
with that subscriber's express invitation or permission prior to 28
given before the voice communication. 29
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(ii) A voice communication to an existing customer of the 1
person on whose behalf the voice communication is made, unless the 2
existing customer is a consumer who has requested that he or she to 3
not receive calls from or on behalf of that person under section 4
1c(1)(g). 5
(iii) A voice communication to a residential telephone 6
subscriber in which the caller requests a face-to-face meeting with 7
the residential telephone subscriber to discuss a purchase, sale, 8
or rental of, or investment in, goods or services but does not urge 9
the residential telephone subscriber to make a decision to 10
purchase, sell, rent, invest, or make a deposit on that good or 11
service during the voice communication. 12
(n) "Telephone solicitor" means any person doing business in 13
this state who that makes or causes to be made a telephone 14
solicitation from within or outside of this state, including, but 15
not limited to, calls made by use of automated dialing and 16
announcing devices or by a live person.an individual. 17
(o) "Vendor" means a person designated by the commission to 18
maintain a do-not-call list under section 1a. The term Vendor may 19
include a governmental entity. 20
Enacting section 1. This amendatory act does not take effect 21
unless House Bill No. 6177 (request no. H05171'25) of the 103rd 22
Legislature is enacted into law. 23