Michigan Laws > Chapter 445 > Act 452 of 2004 – Identity Theft Protection Act
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Terms Used In Michigan Laws > Chapter 445 > Act 452 of 2004 - Identity Theft Protection Act
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means a department, board, commission, office, agency, authority, or other unit of state government of this state. See Michigan Laws 445.63
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bailiff: a court officer who enforces the rules of behavior in courtrooms.
- Child or spousal support: means support for a child or spouse, paid or provided pursuant to state or federal law under a court order or judgment. See Michigan Laws 445.63
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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 provider. See Michigan Laws 445.65aContract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Credit card: means that term as defined in section 157m of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 445.63 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Data: means computerized personal information. See Michigan Laws 445.63 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Depository institution: means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union. See Michigan Laws 445.63 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: District: means the judicial districts provided for in chapter 81. See Michigan Laws 600.5701 Encrypted: means transformation of data through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key, or securing information by another method that renders the data elements unreadable or unusable. See Michigan Laws 445.63 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. False pretenses: includes , but is not limited to, a false, misleading, or fraudulent representation, writing, communication, statement, or message, communicated by any means to another person, that the maker of the representation, writing, communication, statement, or message knows or should have known is false or fraudulent. See Michigan Laws 445.63 Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Financial institution: means a depository institution, an affiliate of a depository institution, a licensee under the consumer financial services act, 1988 PA 161, MCL 487. See Michigan Laws 445.63 Financial transaction device: means that term as defined in section 157m of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 445.63 Fraud: Intentional deception resulting in injury to another. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Identity theft: means engaging in an act or conduct prohibited in section 5(1). See Michigan Laws 445.63 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 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interactive computer service: means an information service or system that enables computer access by multiple users to a computer server, including, but not limited to, a service or system that provides access to the internet or to software services available on a server. See Michigan Laws 445.63 IP-enabled voice service: means an interconnected voice over internet protocol service that enables real-time, 2-way voice communications, requires a broadband connection from the user's location using internet protocol-compatible equipment, and permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network. See Michigan Laws 445.65a judgment: as used in this act , includes decree. See Michigan Laws 600.112 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. Law enforcement agency: means that term as defined in section 2804 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63 Lease: includes a written or verbal lease or license agreement for use or possession of premises. See Michigan Laws 600.5701 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Local registrar: means that term as defined in section 2804 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63 Medical records or information: includes , but is not limited to, medical and mental health histories, reports, summaries, diagnoses and prognoses, treatment and medication information, notes, entries, and x-rays and other imaging records. See Michigan Laws 445.63 month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Mortgage: The written agreement pledging property to a creditor as collateral for a loan. National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, partnership, corporation, limited liability company, association, or other legal entity. See Michigan Laws 445.63 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal identifying information: means a name, number, or other information that is used for the purpose of identifying a specific person or providing access to a person's financial accounts, including, but not limited to, a person's name, address, telephone number, driver license or state personal identification card number, social security number, place of employment, employee identification number, employer or taxpayer identification number, government passport number, health insurance identification number, mother's maiden name, demand deposit account number, savings account number, financial transaction device account number or the person's account password, any other account password in combination with sufficient information to identify and access the account, automated or electronic signature, biometrics, stock or other security certificate or account number, credit card number, vital record, or medical records or information. See Michigan Laws 445.63 Personal information: means the first name or first initial and last name linked to 1 or more of the following data elements of a resident of this state:
(i) Social security number. See Michigan Laws 445.63Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Premises: includes lands, tenements, condominium property, cooperative apartments, air rights and all manner of real property. See Michigan Laws 600.5701 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public utility: means that term as defined in section 1 of 1972 PA 299, MCL 460. See Michigan Laws 445.63 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nsecurity breach: means the unauthorized access and acquisition of data that compromises the security or confidentiality of personal information maintained by a person or agency as part of a database of personal information regarding multiple individuals. See Michigan Laws 445.63 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o State registrar: means that term as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Summary proceedings: means a civil action to recover possession of premises and to obtain certain ancillary relief as provided by this chapter and by court rules adopted in connection therewith. See Michigan Laws 600.5701 Summons: Another word for subpoena used by the criminal justice system. Telecommunication provider: means all of the following:
(i) A provider as that term is defined in section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484. See Michigan Laws 445.65aTelecommunication service: means all of the following:
(i) A service as that term is defined in section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484. See Michigan Laws 445.65aTestimony: Evidence presented orally by witnesses during trials or before grand juries. Trade or commerce: means that term as defined in section 2 of the Michigan consumer protection act, 1971 PA 331, MCL 445. See Michigan Laws 445.63 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Vital record: means that term as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63 Webpage: means a location that has a uniform resource locator or URL with respect to the world wide web or another location that can be accessed on the internet. See Michigan Laws 445.63 Writ: A formal written command, issued from the court, requiring the performance of a specific act.