MICHIGAN TELECOMMUNICATIONS ACT (EXCERPT) Act 179 of 1991
484.2502 Provider of telecommunication service; prohibited conduct; assurance of discontinuance.
Sec. 502.
(1) A provider of a telecommunication service shall not do any of the following:
(a) Make a statement or representation, including the omission of material information, regarding the rates, terms, or conditions of providing a telecommunication service that is false, misleading, or deceptive. As used in this subdivision, "material information" includes, but is not limited to, all applicable fees, taxes, and charges that will be billed to the end-user, regardless of whether the fees, taxes, or charges are authorized by state or federal law.
(b) Charge an end-user for a subscribed service that the end-user did not make an initial affirmative order. Failure to refuse an offered or proposed subscribed service is not an affirmative order for the service.
(c) If an end-user has canceled a service, charge the end-user for service provided after the effective date the service was canceled.
(d) If a residential end-user has orally ordered a service, fail to confirm the order in writing within 15 days after the service is ordered.
(e) State to an end-user that their basic local exchange service or other regulated service will be discontinued unless the end-user pays a charge that is due for an unregulated service.
(f) Disparage the services, business, or reputation of another by false, deceptive, or misleading representation of fact.
(g) Represent to a party to whom services are supplied that the services are being supplied in response to a request made by or on behalf of the party when they are not.
(h) Cause a probability of confusion or a misunderstanding as to the legal rights, obligations, or remedies of a party to a transaction by making a false, deceptive, or misleading statement or by failing to inform the customer of a material fact, the omission of which is deceptive or misleading.
(i) Represent or imply that the subject of a transaction will be provided promptly, or at a specified time, or within a reasonable time, if the provider knows or has reason to know it will not be so provided.
(j) Cause coercion and duress as a result of the time and nature of a sales presentation.
(k) Require the purchase of a regulated service of the provider as a condition of purchasing an unregulated service.
(l) If a dispute exists between a customer and the provider, disconnect service to the customer before the resolution of a dispute.
(2) When the commission has authority to bring a proceeding for violation of this section, the commission may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under this section from the person who is alleged to have engaged, be engaging, or be about to engage in the method, act, or practice. The assurance shall not be an admission of guilt or be introduced in any other proceeding. Unless rescinded by the parties or voided by the court for good cause, the assurance may be enforced in the circuit court by the parties to the assurance. The assurance may include a stipulation for any of the following:
(a) The voluntary payment by the person for the cost of investigation.
(b) An amount to be held in escrow pending the outcome of an action.
(c) An amount for restitution to an aggrieved person.
MICHIGAN TELECOMMUNICATIONS ACT (EXCERPT) Act 179 of 1991
484.2502 Provider of telecommunication service; prohibited conduct; assurance of discontinuance.
Sec. 502.
(1) A provider of a telecommunication service shall not do any of the following:
(a) Make a statement or representation, including the omission of material information, regarding the rates, terms, or conditions of providing a telecommunication service that is false, misleading, or deceptive. As used in this subdivision, "material information" includes, but is not limited to, all applicable fees, taxes, and charges that will be billed to the end-user, regardless of whether the fees, taxes, or charges are authorized by state or federal law.
(b) Charge an end-user for a subscribed service that the end-user did not make an initial affirmative order. Failure to refuse an offered or proposed subscribed service is not an affirmative order for the service.
(c) If an end-user has canceled a service, charge the end-user for service provided after the effective date the service was canceled.
(d) If a residential end-user has orally ordered a service, fail to confirm the order in writing within 15 days after the service is ordered.
(e) State to an end-user that their basic local exchange service or other regulated service will be discontinued unless the end-user pays a charge that is due for an unregulated service.
(f) Disparage the services, business, or reputation of another by false, deceptive, or misleading representation of fact.
(g) Represent to a party to whom services are supplied that the services are being supplied in response to a request made by or on behalf of the party when they are not.
(h) Cause a probability of confusion or a misunderstanding as to the legal rights, obligations, or remedies of a party to a transaction by making a false, deceptive, or misleading statement or by failing to inform the customer of a material fact, the omission of which is deceptive or misleading.
(i) Represent or imply that the subject of a transaction will be provided promptly, or at a specified time, or within a reasonable time, if the provider knows or has reason to know it will not be so provided.
(j) Cause coercion and duress as a result of the time and nature of a sales presentation.
(k) Require the purchase of a regulated service of the provider as a condition of purchasing an unregulated service.
(l) If a dispute exists between a customer and the provider, disconnect service to the customer before the resolution of a dispute.
(2) When the commission has authority to bring a proceeding for violation of this section, the commission may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under this section from the person who is alleged to have engaged, be engaging, or be about to engage in the method, act, or practice. The assurance shall not be an admission of guilt or be introduced in any other proceeding. Unless rescinded by the parties or voided by the court for good cause, the assurance may be enforced in the circuit court by the parties to the assurance. The assurance may include a stipulation for any of the following:
(a) The voluntary payment by the person for the cost of investigation.
(b) An amount to be held in escrow pending the outcome of an action.
(c) An amount for restitution to an aggrieved person.
MICHIGAN TELECOMMUNICATIONS ACT (EXCERPT) Act 179 of 1991
484.2502 Provider of telecommunication service; prohibited conduct; assurance of discontinuance.
Sec. 502.
(1) A provider of a telecommunication service shall not do any of the following:
(a) Make a statement or representation, including the omission of material information, regarding the rates, terms, or conditions of providing a telecommunication service that is false, misleading, or deceptive. As used in this subdivision, "material information" includes, but is not limited to, all applicable fees, taxes, and charges that will be billed to the end-user, regardless of whether the fees, taxes, or charges are authorized by state or federal law.
(b) Charge an end-user for a subscribed service that the end-user did not make an initial affirmative order. Failure to refuse an offered or proposed subscribed service is not an affirmative order for the service.
(c) If an end-user has canceled a service, charge the end-user for service provided after the effective date the service was canceled.
(d) If a residential end-user has orally ordered a service, fail to confirm the order in writing within 15 days after the service is ordered.
(e) State to an end-user that their basic local exchange service or other regulated service will be discontinued unless the end-user pays a charge that is due for an unregulated service.
(f) Disparage the services, business, or reputation of another by false, deceptive, or misleading representation of fact.
(g) Represent to a party to whom services are supplied that the services are being supplied in response to a request made by or on behalf of the party when they are not.
(h) Cause a probability of confusion or a misunderstanding as to the legal rights, obligations, or remedies of a party to a transaction by making a false, deceptive, or misleading statement or by failing to inform the customer of a material fact, the omission of which is deceptive or misleading.
(i) Represent or imply that the subject of a transaction will be provided promptly, or at a specified time, or within a reasonable time, if the provider knows or has reason to know it will not be so provided.
(j) Cause coercion and duress as a result of the time and nature of a sales presentation.
(k) Require the purchase of a regulated service of the provider as a condition of purchasing an unregulated service.
(l) If a dispute exists between a customer and the provider, disconnect service to the customer before the resolution of a dispute.
(2) When the commission has authority to bring a proceeding for violation of this section, the commission may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under this section from the person who is alleged to have engaged, be engaging, or be about to engage in the method, act, or practice. The assurance shall not be an admission of guilt or be introduced in any other proceeding. Unless rescinded by the parties or voided by the court for good cause, the assurance may be enforced in the circuit court by the parties to the assurance. The assurance may include a stipulation for any of the following:
(a) The voluntary payment by the person for the cost of investigation.
(b) An amount to be held in escrow pending the outcome of an action.
(c) An amount for restitution to an aggrieved person.
