§ 445.111 Definitions
§ 445.111a Telephonic solicitation using recorded message prohibited; establishment of state do-not-call list
§ 445.111b Information to be provided by person making telephone solicitation; interference with caller ID function prohibited
§ 445.111c Unfair or deceptive act or practice; violation; penalty; damages
§ 445.111d Do-not-call list; notice of description and enrollment; “telecommunication provider” defined
§ 445.111e Applicability of MCL 445.111a, 445.111b, 445.111c, and 445.111d
§ 445.112 Right of buyer to cancel home solicitation sale; time; notice of cancellation; restriction on right to cancel; sale subject to debtor’s right to rescind
§ 445.113 Written agreement or offer to purchase; contents; form; cancellation; exceptions; conditions
§ 445.114 Tender of payments or goods to buyer; failure to tender goods; effect of noncompliance
§ 445.115 Demand by seller for return of goods; care and availability of goods; effect of failure to demand return of goods; compensation for services performed
§ 445.116 Refunds or penalties as set off or defense
§ 445.117 Action for collection of home solicitation sale contract

Terms Used In Michigan Laws > Chapter 445 > Act 227 of 1971 - Home Solicitation Sales

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Business day: means Monday through Friday and does not include Saturday, Sunday, or the following business holidays: New Year's day, Martin Luther King's birthday, Washington's birthday, Memorial day, Independence day, Labor day, Columbus day, Veterans' day, Thanksgiving day, and Christmas day. See Michigan Laws 445.111
  • Commission: means the public service commission. See Michigan Laws 445.111
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Do-not-call list: means a do-not-call list of consumers and their residential telephone numbers maintained by the commission, by a vendor designated by the commission, or by an agency of the federal government, under section 1a. See Michigan Laws 445.111
  • 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.
  • Existing customer: means an individual who has purchased goods or services from a person, who is the recipient of a voice communication from that person, and who either paid for the goods or services within the 12 months preceding the voice communication or has not paid for the goods and services at the time of the voice communication because of a prior agreement between the person and the individual. See Michigan Laws 445.111
  • Federally insured depository institution: means a state or national bank, state or federal savings bank, state or federal savings and loan association, or state or federal credit union that holds deposits insured by an agency of the United States. See Michigan Laws 445.111
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed location: means a place of business where the seller or an agent, servant, employee, or solicitor of that seller primarily engages in the sale of goods or services of the same kind as would be sold at the residence of a buyer. See Michigan Laws 445.111
  • Home solicitation sale: means a sale of goods or services of more than $25. See Michigan Laws 445.111
  • judgment: as used in this act , includes decree. See Michigan Laws 600.112
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. 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, governmental entity, or other legal entity. See Michigan Laws 445.111
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • subscriber: means a person residing in this state who has residential telephone service. See Michigan Laws 445.111
  • Telephone solicitation: means any voice communication over a telephone for the purpose of encouraging the recipient of the call to purchase, rent, or invest in goods or services during that telephone call. See Michigan Laws 445.111
  • Telephone solicitor: means any person doing business in this state who makes or causes to be made a telephone solicitation from within or outside of this state, including, but not limited to, calls made by use of automated dialing and announcing devices or by a live person. See Michigan Laws 445.111
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Vendor: means a person designated by the commission to maintain a do-not-call list under section 1a. See Michigan Laws 445.111
  • Written solicitation: means a postcard or other written notice delivered to a buyer's residence that requests that the buyer contact the seller or seller's agent by telephone to inquire about a good or service, unless the postcard or other written notice concerns a previous purchase or order or specifies the price of the good or service and accurately describes the good or service. See Michigan Laws 445.111