445.72b Misrepresentation by advertisement or solicitation prohibited; violation as misdemeanor; penalty; civil remedy.
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445.72b Misrepresentation by advertisement or solicitation prohibited; violation as misdemeanor; penalty; civil remedy.
Sec. 12b.
(1)A person shall not distribute an advertisement or make any other solicitation that misrepresents to the recipient that a security breach has occurred that may affect the recipient.
(2)A person shall not distribute an advertisement or make any other solicitation that is substantially similar to a notice required under section 12(5) or by federal law, if the form of that notice is prescribed by state or federal law, rule, or regulation.
(3)A person who knowingly or intentionally violates this section is guilty of a misdemeanor punishable as follows:
(a)Except as otherwise provided in subdivisions
(b)and (c), by imprisonment for not more than 93 days or a fine of not more than $1,000.00 for each violation, or both.
(b)For a second violation, by imprisonment for not more than 93 days or a fine of not more than $2,000.00 for each violation, or both.
(c)For a third or subsequent violation, by imprisonment for not more than 93 days or a fine of not more than $3,000.00 for each violation, or both.
(4)Subsection
(3)does not affect the availability of any civil remedy for a violation of this section or any other state or federal law.
History: Add. 2006, Act 566 , Eff. July 2, 2007 ;-- Am. 2010, Act 315 , Eff. Apr. 1, 2011