Section 600.2962a - Definitions; injunction; damages; civil action; court actions; actual damages or convictions not prerequisite to action; additional penalties or remedies; separate causes of action
REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.2962a Definitions; injunction; damages; civil action; court actions; actual damages or convictions not prerequisite to action; additional penalties or remedies; separate causes of action.
Sec. 2962a.
(1) As used in this section:
(a) “Telecommunications service” means that term as defined in section 219a of the Michigan penal code, 1931 PA 328, MCL 750.219a.
(b) “Telecommunications service provider” means that term as defined in section 219a of the Michigan penal code, 1931 PA 328, MCL 750.219a.
(c) “Telecommunications system” means that term as defined in section 219a of the Michigan penal code, 1931 PA 328, MCL 750.219a.
(d) “Unauthorized connection” means any physical, electrical, mechanical, acoustical, or other connection to a telecommunications system, without the specific authority of the telecommunications service provider. An unauthorized connection does not include any of the following:
(i) An internal connection made by a person within his or her residence for the purpose of receiving authorized telecommunications service.
(ii) The physical connection of a cable or other device by a person located within his or her residence which was initially placed there by the telecommunications service provider.
(iii) The physical connection of a cable or other device by a person located within his or her residence which the person had reason to believe was an authorized connection.
(e) “Unauthorized receipt of telecommunications service” means the interception or receipt by any means of a telecommunications service over a telecommunications system without the specific authorization of the telecommunications service provider.
(f) “Unlawful telecommunications access device” means that term as defined in section 219a of the Michigan penal code, 1931 PA 328, MCL 750.219a.
(2) A telecommunications service provider may bring an action to enjoin a person from the unauthorized receipt of any telecommunications service, using an unlawful telecommunications access device, or the making of an unauthorized connection, and may seek 1 or more of the following damages:
(a) Actual damages.
(b) Exemplary damages of not more than $1,000.00.
(c) If the person's acts were for direct or indirect commercial advantage or financial gain, exemplary damages of not more than $50,000.00.
(d) Reasonable attorney fees and costs.
(3) A person injured by a violation of sections 219a, 540c, and 540g of the Michigan penal code, 1931 PA 328, MCL 750.219a, 750.540c, and 750.540g, may bring a civil action in any court of competent jurisdiction. The court may do any of the following:
(a) Grant preliminary and final injunctions to prevent or restrain the violations.
(b) At any time while an action is pending, order the impounding, on terms as the court considers reasonable, of any telecommunications access device or unlawful telecommunications access device that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in the alleged violation.
(c) Award damages as provided under subdivision (f).
(d) In its discretion, award reasonable attorney fees and costs, including, but not limited to, costs for investigation, testing, and expert witness fees.
(e) As part of a final judgment or decree finding a violation, order the modification or destruction of any telecommunications access device or unlawful telecommunications access device involved in the violation.
(f) Award damages computed as 1 of the following upon the election of the complaining party at any time before final judgment:
(i) The actual damages suffered by the complaining party as a result of the violation of this section and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages. In determining the violator's profits, the complaining party shall be required to prove only the violator's gross revenue, and the violator shall be required to prove any deductible expenses and the elements of profit attributable to factors other than the violation.
(ii) Damages of between $250.00 to $10,000.00 for each telecommunications access device or unlawful telecommunications access device involved in the action, with the amount of the damages to be determined by the court. Where the court finds that the violation of this section was committed willfully and for commercial advantage or financial gain, the court may increase the award of damages by an amount of not more than $50,000.00 for each telecommunications access device or unlawful telecommunications access device involved in the action.
(4) It is not a necessary prerequisite to bring an action under this section that the telecommunications service provider or other injured party has suffered actual damages or that the defendant has been convicted of any violations of the Michigan penal code, 1931 PA 328, MCL 750.1 to 750.568.
(5) An action under this section is in addition to any other penalties or remedies provided by law.
(6) Each act prohibited by this section is a separate cause of action.
History: Add. 2002, Act 663, Imd. Eff. Dec. 26, 2002