Readers may recall a piece late last year in which we discussed proposed sweeping changes to Michigan’s mini-Telephone Consumer Protection Act (“TCPA”) law. Below, we provide an update on the status of Michigan Senate Bill 351 (S-4) (“Senate Bill”) and briefly summarize the changes to Michigan’s mini-TCPA in the event the Senate Bill becomes law.
Proposed Changes to Michigan’s Mini-TCPA
With bipartisan support, on January 30, 2026, the Michigan State Senate unanimously passed SB 351, which introduces sweeping changes to Michigan’s mini-TCPA. If enacted, SB 351 will provide Michigan’s Attorney General (“AG”) with broad authority to investigate and prosecute telemarketers that it has probable cause to believe are violating Michigan’s mini-TCPA. Although the AG already had investigatory and prosecutorial authority, the Senate Bill allows courts to award civil fines of up to $25,000 per violation of the law. While Michigan’s mini-TCPA currently provides a private right of action, the Senate Bill would increase the statutory amount of recovery from $250 to $1,000 per violation (or actual damages, whichever is greater). The Senate Bill also would allow for the imposition of civil fines ranging from $50,000 to $100,000 for conduct directed at vulnerable individuals (persons who are 75 years of age or older or individuals who have one or more disabilities) or vulnerable telephone numbers, as defined in the Senate Bill.
The Senate Bill does not alter the carve-outs currently in the statute which exempt, among other things, calls or texts delivered to consumers with written “express verifiable authorization.” Interestingly, the Senate Bill provides an exemption for political calls/text messages. Prior to passage in the Michigan State Senate, one senator proposed an amendment removing the exemptions from the Senate Bill for political calls/texts, but the amendment died on the Senate floor.
Complying with Michigan’s Mini-TCPA
It is rare that any legislation receives unanimous, bipartisan support. As such, telemarketers should anticipate that the Senate Bill ultimately will become law. Because the Senate Bill would significantly alter the rules of the road with respect to telemarketing to Michigan State consumers, companies would be wise to begin reviewing their telemarketing compliance practices and procedures in anticipation of the changes to Michigan’s mini-TCPA.
The attorneys at Klein Moynihan Turco (“KMT”) have extensive experience assisting companies with regulatory and marketing law compliance. If your company engages in telemarketing and needs help understanding Michigan’s mini-TCPA, the Senate Bill, or has been sued for violating federal or state telemarketing laws, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice nor is it a substitute for seeking legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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