§ 445.61 Short title
§ 445.63 Definitions
§ 445.64 Exemption
§ 445.65 Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof
§ 445.65a Definitions; prohibited acts; obtaining confidential telephone records by law enforcement agency or telecommunication provider
§ 445.67 Additional prohibited acts
§ 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; invest
§ 445.69 Certain violations as felony; penalty; consecutive sentences; defense in civil action or criminal prosecution; burden of proof; exception
§ 445.71 Prohibited acts in conduct of trade or commerce; violation as misdemeanor; penalty; civil liability
§ 445.72 Notice of security breach; requirements
§ 445.72a Destruction of data containing personal information required; violation as misdemeanor; fine; compliance; “destroy” defined
§ 445.72b Misrepresentation by advertisement or solicitation prohibited; violation as misdemeanor; penalty; civil remedy
§ 445.73 Verification of information; use of vital record
§ 445.75 Repeal of MCL 750.285
§ 445.77 Effective date
§ 445.79 Property subject to forfeiture
§ 445.79a Seizure of forfeited property; seizure without process; circumstances
§ 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
§ 445.79c Forfeited property; powers of local government or state; appointment and authority of receiver; payment of expenses
§ 445.79d Seizure and forfeiture activities; report by agency to department of state police; audit; “reporting agency” defined

Terms Used In Michigan Laws > Chapter 445 > Act 452 of 2004

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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
  • 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.
  • 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
  • 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 445.65a
  • Contract: 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
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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.
  • 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
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • 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
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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: 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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
  • oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k
  • 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 445.63
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • 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.
  • seal: shall be construed to include any of the following:

    (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n

  • security 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.
  • 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 445.65a
  • Telecommunication 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 445.65a
  • 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
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • 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.