Michigan Compiled Laws

Mich. Comp. Laws § 750.410 (2026)

Solicitation of personal injury claims; validity of contracts; furnishing, selling, or buying information as to identity or treatment of patient.

✓ current as of July 2026

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THE MICHIGAN PENAL CODE

Act 328 of 1931

750.410 Solicitation of personal injury claims; validity of contracts; furnishing, selling, or buying information as to identity or treatment of patient.

Sec. 410.

(1) A person, firm, copartnership, association, or organization of any kind, either incorporated or unincorporated, or any of the officers, agents, servants, employees, or members of any such person, firm, copartnership, association, or organization of any kind, either incorporated or unincorporated, or of any division, bureau, or committee of that association or organization, either incorporated or unincorporated, who shall directly or indirectly, individually or by agent, servant, employee, or member, solicit a person injured as the result of an accident, his or her administrator, executor, heirs, or assigns, his or her guardian, or members of the family of the injured person, for the purpose of representing that person in making a claim for damages or prosecuting an action or causes of action arising out of a personal injury claim against any other person, firm, or corporation, or to employ counsel for the purpose of that solicitation, is guilty of a misdemeanor, and shall upon conviction thereof, if a natural person, be punished by a fine not to exceed $750.00 or by imprisonment for not more than 6 months, or both. The same penalties apply upon conviction to a member of a copartnership, or an officer or agent of a corporation, association, or other organization, or an officer or agent, who shall consent to, participate in, or aid or abet a violation of this section upon the part of the copartnership of which he or she is a member, or of the corporation, association, or organization of which he or she is such an officer or agent. A contract entered into as a result of such a solicitation is void. This subsection does not apply to an unsolicited contract entered into by a person, firm, or corporation with an attorney duly admitted to practice law in this state.

(2) Except as otherwise provided by law, administrative rule, or valid legal process, any person, firm or corporation who, for any consideration and without the prior written permission of a patient or his or her personal representative, furnishes, receives, buys, offers to buy, sells, or offers to sell, directly or indirectly, the identity of the patient or any information concerning the treatment of the patient, including, but not limited to, information contained in the files or records of a health care facility, health care provider, or insurance company, is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $750.00, or both.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1947, Act 123, Eff. Oct. 11, 1947 ;-- CL 1948, 750.410 ;-- Am. 1975, Act 125, Imd. Eff. July 1, 1975 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003

Constitutionality Notes:

The limitation in this section to prosecution of personal injury claims does not deny equal protection of the law. Further, while the statute may be unconstitutional because of overbreadth, the overbreadth can be cured by a limiting construction. Woll v Attorney General, 409 Mich 500; 297 NW2d 578 (1980).

FormerLaw Notes:

See sections 1 and 2 of Act 280 of 1925, being CL 1929, §§ 13607 and 13608.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1974–2022 · leading case: Woll v. Attorney Gen., 297 N.W.2d 578 (Mich. 1980).

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Woll v. Attorney Gen., 297 N.W.2d 578 (Mich. 1980). · cites it 2× “A contract entered into as a result of such solicitation is void. This subsection shall not affect an unsolicited contract entered into by a person, firm, or corporation with an attorney duly admitted to practice law in this state.”

People v. Posner, 261 N.W.2d 209 (Mich. Ct. App. 1977). · cites it 6× “On April 10, 1973, the Wayne County Citizens Grand Jury indicted defendants and others on a charge of conspiracy to solicit personal injury claims in violation of MCLA 750.410; MSA 28.642. Defendants were bound over for trial March 17, 1975.”

Porter v. Michigan Osteopathic Hosp. Ass'n, 428 N.W.2d 719 (Mich. Ct. App. 1988). · cites it 4× “15(20201)(2)(b) and MCL 750.410(2); MSA 28.642(2). Defendant's reliance on these statutory provisions is misplaced.”

Woll v. Attorney Gen., 323 N.W.2d 560 (Mich. Ct. App. 1982). · cites it 2× “On April 29, 1976, he was indicted by the Wayne County Citizens’ Grand Jury for violating the provisions of the solicitation statute, MCL 750.410; MSA 28.642, with respect to workers’ compensation claims.”

Stephanie Lynn Richardson v. Allstate Ins. Co. (Mich. Ct. App. 2019). · cites it 9× “Thus, defendant lacks standing to challenge any solicitation and the trial court erred in granting defendant summary disposition because the criminal statutes at issue prohibiting solicitation, MCL 750.410 and MCL 750.410b, do not apply in this civil matter.”

Woll v. Attorney Gen., 265 N.W.2d 23 (Mich. Ct. App. 1978). “The possibility of big verdicts which is what gives rise to ambulance chasing is directed primarily to jury assessment of pain and suffering in personal injury situations; property damage claims are not significantly involved in the evil to which the statute is directed.”

Keliin v. Petrucelli, 499 N.W.2d 360 (Mich. Ct. App. 1993). “In Woll v Attorney General (On Remand), 116 Mich App 791, 805-806 ; 323 *433 NW2d 560 (1982), this Court ruled that under Michigan’s criminal antisolicitation statute, MCL 750.410; MSA 28.642, the only solicitation prohibited is in-person solicitation substantially motivated by…”

People v. Barbara, 214 N.W.2d 833 (Mich. 1974). “MCLA 750.410; MSA 28.642; MCLA 750.157a; MSA 28.”

Michigan Pain Mgmt. PLLC v. Enter. Leasing Co. of Detroit LLC (E.D. Mich. 2021). · cites it 2× “As the Richardson court explained, “[i]f the Legislature intended a violation of MCL 750.410 to be a bar to a no-fault action, it could have added it to the list of fraudulent conduct within MCL 500.”

Orlando Scott v. Michigan Auto. Ins. Placement Facility (Mich. Ct. App. 2022). “3173a(2), MCL 750.410, MCL 750.429 and MRCP 7.3. * * * 43.”

— Mich. Comp. Laws § 750.410(1) — 2 cases

Woll v. Attorney Gen., 297 N.W.2d 578 (Mich. 1980). “A contract entered into as a result of such solicitation is void. This subsection shall not affect an unsolicited contract entered into by a person, firm, or corporation with an attorney duly admitted to practice law in this state.”

Stephanie Lynn Richardson v. Allstate Ins. Co. (Mich. Ct. App. 2019). “Thus, defendant lacks standing to challenge any solicitation and the trial court erred in granting defendant summary disposition because the criminal statutes at issue prohibiting solicitation, MCL 750.410 and MCL 750.410b, do not apply in this civil matter.”

— Mich. Comp. Laws § 750.410(2) — 2 cases

Porter v. Michigan Osteopathic Hosp. Ass'n, 428 N.W.2d 719 (Mich. Ct. App. 1988). “15(20201)(2)(b) and MCL 750.410(2); MSA 28.642(2). Defendant's reliance on these statutory provisions is misplaced.”

— Mich. Comp. Laws § 750.410(b) — 1 case

Michigan Pain Mgmt. PLLC v. Enter. Leasing Co. of Detroit LLC (E.D. Mich. 2021). “As the Richardson court explained, “[i]f the Legislature intended a violation of MCL 750.410 to be a bar to a no-fault action, it could have added it to the list of fraudulent conduct within MCL 500.”

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