How automated calling technology is regulated
Automated telephone systems allow businesses to contact large groups of people with limited manual dialing.
These systems may be used for appointment reminders, customer notifications, sales promotions, and other communications.
Michigan residents have legal protections against certain unwanted automated calls. However, the rules depend on how the call is placed, whether it contains a recorded message, and why the caller is contacting the recipient.
State law and federal law address different parts of automated calling activity.
Michigan's approach to prerecorded solicitation
Michigan's Home Solicitation Sales Act restricts recorded telephone solicitations.
The restriction does not depend solely on whether a business uses an automatic dialing system. A recorded sales message may violate state law even when the call is placed manually.
This distinction matters because an autodialer and a prerecorded voice message are not the same thing.
An autodialer concerns how a number is selected or dialed. A prerecorded message concerns the content delivered after the call connects.
Michigan's recorded solicitation restriction is found in MCL 445.111a.
Federal autodialer requirements
The TCPA establishes separate restrictions involving automated calls, prerecorded messages, and certain types of telephone solicitation.
Federal requirements can vary based on the recipient's telephone service, the nature of the message, and the calling technology.
Not every automated dialing system meets the TCPA's legal definition of an automatic telephone dialing system.
Businesses should assess their calling technology and consent practices rather than assuming every automated call is either lawful or unlawful.
Consent and existing customer relationships
Consent can affect whether a telephone call is permitted under federal law.
Michigan's definition of telephone solicitation also excludes certain calls made with prior invitation or permission.
An existing customer relationship may affect the state-law analysis. Michigan's statute addresses customers who paid the organization within the preceding 12 months, subject to conditions including requests not to receive calls.
These exceptions require attention to the actual facts. A company cannot assume that every past interaction creates permanent permission to call.
Consumer remedies for violations
Consumers who receive unlawful automated communications may have remedies under state or federal law.
Federal statutory damages for qualifying TCPA violations can reach $500 per violation, or up to $1,500 when a violation is willful or knowing.
Michigan's civil remedy for qualifying violations may include actual damages or $250, whichever is greater, and reasonable attorney fees.
The availability of either remedy depends on the applicable legal requirements.
Common questions around Michigan autodialer laws
Is using an autodialer automatically illegal in Michigan?
No. The legality depends on the calling method, message, purpose, consent, and applicable statutes.
Does Michigan regulate recorded sales messages?
Yes. MCL 445.111a restricts telephone solicitations that include recorded messages.
Can consumers challenge automated calls?
Yes, when the facts establish a violation and the applicable requirements for bringing a claim are met.
