HF 435

as introduced - 90th Legislature (2017 - 2018) Posted on 01/26/2017 05:00pm

A bill for an act
relating to telecommunications; requiring notice of automatic renewal cancellation;
proposing coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325F.6931] TELEPHONE SERVICES; AUTOMATIC RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions contained in chapter 237 apply to this
section, and the terms used in this section have the meanings given them in this subdivision.
new text end

new text begin (b) "Service subscriber" means a person or entity that contracts with a telephone company
for telephone services or a telecommunications carrier for telecommunications services,
whether for commercial or consumer use.
new text end

new text begin Subd. 2. new text end

new text begin Automatic renewals. new text end

new text begin A contract for telephone or telecommunications services
must not contain an automatic renewal clause unless the contract also requires that the
telephone company or telecommunications carrier provide the service subscriber with written
notice of the automatic renewal clause. The written notice must be in bold ten-point font
and contain the last day the service subscriber may provide notice of nonrenewal. The
written notice must be provided to the service subscriber:
new text end

new text begin (1) in the initial bill; and
new text end

new text begin (2) in any other document that is provided no less than 30 days and no more than 90
days prior to the last day the service subscriber may provide notice of nonrenewal.
new text end

new text begin Subd. 3. new text end

new text begin Remedy. new text end

new text begin An automatic renewal clause for which written notice is required
under subdivision 2 is void and unenforceable if:
new text end

new text begin (1) the contract does not contain the requirement that the written notice be given; or
new text end

new text begin (2) written notice is not provided to the service subscriber in compliance with subdivision
2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to contracts
entered into or renewed on or after that date.
new text end