445.65 Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof.
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445.65 Prohibited acts; violations; defense in civil action or criminal prosecution; burden of proof.
Sec. 5.
(1)A person shall not do any of the following:
(a)With intent to defraud or violate the law, use or attempt to use the personal identifying information of another person to do either of the following:
(i)Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.
(ii)Commit another unlawful act.
(b)By concealing, withholding, or misrepresenting the person's identity, use or attempt to use the personal identifying information of another person to do either of the following:
(i)Obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment.
(ii)Commit another unlawful act.
(2)A person who violates subsection (1)(b)(i) may assert 1 or more of the following as a defense in a civil action or as an affirmative defense in a criminal prosecution, and has the burden of proof on that defense by a preponderance of the evidence:
(a)That the person gave a bona fide gift for or for the benefit or control of, or use or consumption by, the person whose personal identifying information was used.
(b)That the person acted in otherwise lawful pursuit or enforcement of a person's legal rights, including an investigation of a crime or an audit, collection, investigation, or transfer of a debt, child or spousal support obligation, tax liability, claim, receivable, account, or interest in a receivable or account.
(c)That the action taken was authorized or required by state or federal law, rule, regulation, or court order or rule.
(d)That the person acted with the consent of the person whose personal identifying information was used, unless the person giving consent knows that the information will be used to commit an unlawful act.
History: 2004, Act 452 , Eff. Mar. 1, 2005 ;-- Am. 2006, Act 246 , Imd. Eff. June 30, 2006