PRESERVATION OF PERSONAL PRIVACY
Act 378 of 1988
445.1715 Civil action; damages.
Sec. 5.
(1) Regardless of any criminal prosecution for the violation, a person that violates this act may be liable in a civil action for damages to a customer under subsection (2).
(2) A customer described in subsection (1) who suffers actual damages as a result of a violation of this act may bring a civil action against the person that violated this act and may recover both of the following:
(a) The customer's actual damages, including damages for emotional distress.
(b) Reasonable costs and attorney fees.
(3) No liability may result from the lawful disclosure of a record or information that is permitted under section 3.
History: Add. 1989, Act 206, Imd. Eff. Nov. 7, 1989 ;-- Am. 2016, Act 92, Eff. July 31, 2016
Compiler's Notes:
Enacting section 2 of Act 92 of 2016 provides:
"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."
PopularName Notes:
Video Rental Privacy Act
Notes of Decisions
Perlin v. Time Inc., 237 F. Supp. 3d 623 (E.D. Mich. 2017).
· cites it 4× “206 (codified at Mich. Comp. Laws § 445.1715 (2)(a) until amended by 2016 Mich.”
Horton v. GameStop Corp., 380 F. Supp. 3d 679 (W.D. Mich. 2018).
· cites it 3× “GameStop states that NextMark, a company that purported to sell Game Informer subscriber information, says on its website that it does not sell mailing lists, and, moreover, that Plaintiff has not established a connection between GameStop's alleged disclosure of information and…”
Coulter-Owens v. Time, Inc., 308 F.R.D. 524 (E.D. Mich. 2015).
· cites it 4× “” Mich. Comp. Laws § 445.1715 (a). Defendant contends that the named plaintiff seeks actual damages and emotional distress as opposed to statutory damages, which may be different from the rest of the putative class.”
Cain v. Redbox Automated Retail, LLC, 981 F. Supp. 2d 674 (E.D. Mich. 2013).
· cites it 2× “” Mich. Comp. Laws Ann. § 445.1715 . Defendants highlight the four words “damages to the customer” and assert that where a customer has shown no damages he or she can have no viable claim under the statute.”
Deacon v. Pandora Media, Inc., 901 F. Supp. 2d 1166 (N.D. Cal. 2012).
“MCL § 445.1715. Though there is no decisional authority interpreting the VRPA, the Ninth Circuit has recognized that, in order to deter the prohibited conduct, a statute may allow for the imposition of statutory damages without a showing of actual damages.”
Bozung v. Christianbook, LLC (W.D. Mich. 2023).
· cites it 4× “” Mich. Comp. Laws § 445.1715 (1989). The amended version of the PPPA in effect today no longer provides for $5,000 in statutory damages; it requires plaintiffs to prove actual damages in order to recover under the statute.”
Kotila v. Charter Fin. Publ'g Network, Inc. (W.D. Mich. 2023).
· cites it 4× “” Mich. Comp. Laws § 445.1715 (1989). The amended version of the PPPA in effect today no longer provides for $5,000 in statutory damages; it requires plaintiffs to prove actual damages in order to recover under the statute.”
Gottsleben v. Informa Media, Inc. (W.D. Mich. 2023).
· cites it 4× “” Mich. Comp. Laws § 445.1715 (1989). The amended version of the PPPA in effect today no longer allows for $5,000 in statutory damages; it requires plaintiffs to prove the amount of their actual damages.”
Schreiber v. Mayo Found. For Med. Educ. & Rsch. (W.D. Mich. 2023).
· cites it 4× “” Mich. Comp. Laws § 445.1715 (1989). The amended version of the PPPA in effect today no longer allows for $5,000 in statutory damages; it requires plaintiffs to prove the amount of their actual damages.”
— Mich. Comp. Laws § 445.1715(2) — 1 case
— Mich. Comp. Laws § 445.1715(2)(a) — 1 case
— Mich. Comp. Laws § 445.1715(a) — 2 cases
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