Bill Text: MI SB0984 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Trade; business practices; retroactivity of 2016 amendments to video rental privacy statute; clarify. Amends secs. 1, 2, 3, 4 & 5 of 2016 PA 92 (MCL 445.1711 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-08 - Referred To Committee On Commerce [SB0984 Detail]
Download: Michigan-2017-SB0984-Introduced.html
SENATE BILL No. 984
May 8, 2018, Introduced by Senators HILDENBRAND, MACGREGOR, KOWALL and SCHMIDT and referred to the Committee on Commerce.
A bill to amend 2016 PA 92, entitled
"An act to amend 1988 PA 378, entitled "An act to preserve personal
privacy with respect to the purchase, rental, or borrowing of
certain materials; and to provide penalties and remedies for
violation of this act," by amending sections 1, 2, 3, 4, and 5 (MCL
445.1711, 445.1712, 445.1713, 445.1714, and 445.1715), section 5 as
added by 1989 PA 206,"
by amending enacting section 2.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Enacting
section 2. This amendatory act is curative and
intended
to clarify that the prohibitions on disclosing information
contained
in 1988 PA 378, MCL 445.1711 to 445.1715, do not prohibit
disclosing
information if it is incident to the ordinary course of
business
of the person disclosing the information, including
marketing
goods and services to customers or potential customers
when
written notice is provided, and that a civil action for a
violation
of those prohibitions may only be brought by a customer
who
has suffered actual damages as a result of the violation.This
retroactive, curative, and clarifying amendatory act is intended to
express the original intent of the legislature in enacting 1988 PA
378, MCL 445.1711 to 445.1715, in response to recent opinions of
the federal courts. 1988 PA 378 was not intended to and did not
confer a substantive right to monetary recovery absent proof of
actual damages. This amendatory act shall apply retroactively as if
enacted as part of the original statute.
