Mich. Comp. Laws § 445.61
Short title.
This act shall be known and may be cited as the "identity theft protection act".
Michigan Compiled Laws — IDENTITY THEFT PROTECTION ACT (Act 452 of 2004)
Michigan · statute · 452 of 2004, Mich. Comp. Laws · 19 active provisions
Mich. Comp. Laws § 445.63
Definitions.
As used in this act: (a) "Agency" means a department, board, commission, office, agency, authority, or other unit of state government of this state. The term includes an institution of higher education of this state. The term does not include a circuit, probate, district, or municipal court. (b) "Breach of the security…
Mich. Comp. Laws § 445.64
Exemption.
(1) An entity that is subject to or regulated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, is exempt from this act. (2) An entity that owns, is owned by, or is under common ownership with an entity described in subsection (1), and maintains the same cybersecurity procedures as that other enti…
Mich. Comp. Laws § 445.65
Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof.
(1) A person shall not do any of the following: (a) With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following: (i) Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records…
Mich. Comp. Laws § 445.65a
Definitions; prohibited acts; obtaining confidential telephone records by law enforcement agency or telecommunication provider.
(1) As used in this act: (a) "Confidential telephone record" means any of the following: (i) Information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a service offered by a telecommunication provider subscribed to by any customer of that telecommunication prov…
Mich. Comp. Laws § 445.67
Additional prohibited acts.
A person shall not do any of the following: (a) Make any electronic mail or other communication under false pretenses purporting to be by or on behalf of a business, without the authority or approval of the business, and use that electronic mail or other communication to induce, request, or solicit any individual to pr…
Mich. Comp. Laws § 445.67a
Prohibited acts; interactive computer service provider not liable for certain actions; civil action by attorney general or interactive computer service provider; exception; recovery of damages; investigation.
(1) A person shall not do any of the following: (a) Make any electronic mail or other communication under false pretenses purporting to be by or on behalf of a business, without the authority or approval of the business, and use that electronic mail or other communication to induce, request, or solicit any individual t…
Mich. Comp. Laws § 445.69
Certain violations as felony; penalty; consecutive sentences; defense in civil action or criminal prosecution; burden of proof; exception.
(1) Subject to subsection (6), a person who violates section 5 or 7 is guilty of a felony punishable as follows: (a) Except as otherwise provided in subdivisions (b) and (c), by imprisonment for not more than 5 years or a fine of not more than $25,000.00, or both. (b) If the violation is a second violation of section 5…
Mich. Comp. Laws § 445.71
Prohibited acts in conduct of trade or commerce; violation as misdemeanor; penalty; civil liability.
(1) A person shall not do any of the following in the conduct of trade or commerce: (a) Deny credit or public utility service to or reduce the credit limit of a consumer solely because the consumer was a victim of identity theft, if the person had prior knowledge that the consumer was a victim of identity theft. A cons…
Mich. Comp. Laws § 445.72
Notice of security breach; requirements.
(1) Unless the person or agency determines that the security breach has not or is not likely to cause substantial loss or injury to, or result in identity theft with respect to, 1 or more residents of this state, a person or agency that owns or licenses data that are included in a database that discovers a security bre…
Mich. Comp. Laws § 445.72a
Destruction of data containing personal information required; violation as misdemeanor; fine; compliance; "destroy" defined.
(1) Subject to subsection (3), a person or agency that maintains a database that includes personal information regarding multiple individuals shall destroy any data that contain personal information concerning an individual when that data is removed from the database and the person or agency is not retaining the data e…
Mich. Comp. Laws § 445.72b
Misrepresentation by advertisement or solicitation prohibited; violation as misdemeanor; penalty; civil remedy.
(1) A person shall not distribute an advertisement or make any other solicitation that misrepresents to the recipient that a security breach has occurred that may affect the recipient. (2) A person shall not distribute an advertisement or make any other solicitation that is substantially similar to a notice required un…
Mich. Comp. Laws § 445.73
Verification of information; use of vital record.
(1) A law enforcement agency or victim of identity theft may verify information from a vital record from a local registrar or the state registrar in the manner described in section 2881(2) of the public health code, 1978 PA 368, MCL 333.2881. (2) A state registrar or local registrar that verifies information from a vit…
Mich. Comp. Laws § 445.77
Effective date.
This act takes effect March 1, 2005.
Mich. Comp. Laws § 445.79
Property subject to forfeiture.
(1) Except as provided in subsection (2), the following property is subject to forfeiture: (a) Any personal or real property that has been used, possessed, or acquired in a felony violation of this act. (b) Except as provided in subparagraphs (i) to (iii), a conveyance, including an aircraft, vehicle, or vessel, used o…
Mich. Comp. Laws § 445.79a
Seizure of forfeited property; seizure without process; circumstances.
Property that is subject to forfeiture under this act may be seized upon process issued by the circuit court having jurisdiction over the property. Seizure without process may be made under any of the following circumstances: (a) The property is seized incident to a lawful arrest, pursuant to a search warrant, or pursu…
Mich. Comp. Laws § 445.79b
Seizure without process of property not exceeding $50,000.00; procedure; powers of seizing agency; title; examination of seized money; return of money; burden of proof.
(1) If property is seized pursuant to section 19a, forfeiture proceedings shall be instituted promptly. If the property is seized without process as provided under section 19a and the total value of the property seized does not exceed $50,000.00, the following procedure shall be used: (a) The local unit of government t…
Mich. Comp. Laws § 445.79c
Forfeited property; powers of local government or state; appointment and authority of receiver; payment of expenses.
(1) When property is forfeited under this act, the local unit of government that seized the property may do any of the following or, if the property is seized by or in the custody of the state, the state may do any of the following: (a) Retain it for official use. (b) Sell that which is not required to be destroyed by…
Mich. Comp. Laws § 445.79d
Seizure and forfeiture activities; report by agency to department of state police; audit; "reporting agency" defined.
(1) Beginning February 1, 2016, each reporting agency shall report all seizure and forfeiture activities under this act to the department of state police as required under the uniform forfeiture reporting act. (2) Beginning February 1, 2016, each reporting agency is subject to audit as required under the uniform forfei…