HF 854

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am

A bill for an act
relating to consumer protection; limiting customer liability for unauthorized use
of lost or stolen cellular phones; 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.696] LIABILITY FOR UNAUTHORIZED USE OF CELLULAR
PHONES.
new text end

new text begin Subdivision 1. new text end

new text begin Liability limited. new text end

new text begin A customer is not liable for cellular phone charges
imposed by a wireless service provider that result from the unauthorized use of the
customer's cellular phone. There is a rebuttable presumption that any use of a cellular
phone after the wireless service provider has been notified that the phone is lost or stolen
is unauthorized, provided that the customer agreed to suspend use of the wireless device.
new text end

new text begin Subd. 2. new text end

new text begin Unauthorized use defined. new text end

new text begin For purposes of subdivision 1, "unauthorized
use" means use by a person other than the customer who does not have actual, implied,
or apparent authority for the use.
new text end