Michigan Laws 445.1713 – Exceptions
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Terms Used In Michigan Laws 445.1713
- Customer: means an individual who purchases, rents, or borrows a book, other written material, a sound recording, or a video recording. See Michigan Laws 445.1711
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Ordinary course of business: means activities related to the sale, rental, or lending of, or advertising in, materials described in section 2. See Michigan Laws 445.1711
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Written: includes any electronic means using the Internet or otherwise authorized under the uniform electronic transactions act, 2000 PA 305, MCL 450. See Michigan Laws 445.1711
A record or information described in section 2 may be disclosed only in 1 or more of the following circumstances:
(a) With the written permission of the customer.
(b) Pursuant to a warrant or court order.
(c) To the extent reasonably necessary to collect payment for the materials or the rental of the materials, if the customer has received written notice that the payment is due and has failed to pay or arrange for payment within a reasonable time after notice.
(d) To any person if the disclosure is incident to the ordinary course of business of the person that is disclosing the record or information. This subdivision only applies to a record or information that is created or obtained after the effective date of the amendatory act that added this subdivision.
(e) If the disclosure is for the purpose of marketing goods and services to customers. All of the following apply for purposes of this subdivision:
(i) The person that is disclosing the information shall inform the customer by written notice that the customer may remove his or her name at any time and shall specify the manner or manners by which the customer may remove his or her name. Unless the person’s method of communication with customers is by electronic means, the written notice shall include a nonelectronic method that the customer may use to opt out of disclosure. Any of the following methods of notice satisfy the written notice requirements of this subparagraph:
(A) Written notice included in or with any materials sold, rented, or lent to the customer under section 2.
(B) Written notice provided to the customer at the time he or she orders any of the materials described in section 2 or otherwise provided to the customer in connection with the transaction between the person and customer for the sale, rental, or loan of the materials to the customer.
(C) Notice that is included and clearly and conspicuously disclosed in an online privacy policy or similar communication that is posted on the Internet, is maintained by the person that is disclosing the information, and is available to customers or the general public.
(ii) A customer may provide notice to the person that is disclosing information under this subdivision that the customer does not want his or her name disclosed.
(iii) Beginning 30 days after the person receives the customer’s notice, the person shall not knowingly disclose the customer’s name to any other person for marketing goods and services.
(f) Pursuant to a search warrant issued by a state or federal court or a grand jury subpoena.