HF 2499

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to consumer protection; prohibiting 
  1.3             unsolicited telephone sales calls to consumers at 
  1.4             their place of business; proposing coding for new law 
  1.5             in Minnesota Statutes, chapter 325F. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [325F.701] [DEFINITIONS.] 
  1.8      Subdivision 1.  [SCOPE.] For the purposes of sections 
  1.9   325F.701 and 325F.702, the terms defined in this section have 
  1.10  the meanings given them. 
  1.11     Subd. 2.  [TELEPHONE SALES CALL.] "Telephone sales call" 
  1.12  means a call made by a telephone solicitor to a consumer, for 
  1.13  the purpose of soliciting a sale or rental of, or investment in, 
  1.14  any consumer goods or services, soliciting an extension of 
  1.15  credit for consumer goods or services, or obtaining information 
  1.16  that will or may be used for the direct solicitation of a sale 
  1.17  of consumer goods or services or an extension of credit for 
  1.18  those purposes. 
  1.19     Subd. 3.  [CONSUMER GOODS OR SERVICES.] "Consumer goods or 
  1.20  services" means real property or tangible or intangible personal 
  1.21  property that is normally used for personal, family, or 
  1.22  household purposes, including, without limitation, property 
  1.23  intended to be attached to or installed in real property without 
  1.24  regard to whether it is so attached or installed, as well as 
  1.25  cemetery lots and timeshare estates, and services related to 
  2.1   that property. 
  2.2      Subd. 4.  [UNSOLICITED TELEPHONE SALES CALL.] "Unsolicited 
  2.3   telephone sales call" means a telephone sales call other than a 
  2.4   call made: 
  2.5      (1) in response to an express request of the person called; 
  2.6      (2) primarily in connection with an existing debt or a 
  2.7   contract, payment, or performance that has not been completed at 
  2.8   the time of the call; or 
  2.9      (3) to a person with whom the telephone solicitor or an 
  2.10  affiliate of the telephone solicitor has a prior or existing 
  2.11  business relationship. 
  2.12     Subd. 5.  [SOLICITOR.] "Solicitor" means a natural person, 
  2.13  firm, organization, partnership, association, or corporation who 
  2.14  makes or causes to be made a telephone sales call, including, 
  2.15  but not limited to, calls made by use of automated dialing or 
  2.16  recorded message devices. 
  2.17     Subd. 6.  [CONSUMER.] "Consumer" means an actual or 
  2.18  prospective purchaser, lessee, or recipient of consumer goods or 
  2.19  services. 
  2.20     Sec. 2.  [325F.702] [UNSOLICITED TELEPHONE SALES CALL AT 
  2.21  CONSUMER'S PLACE OF BUSINESS PROHIBITED.] 
  2.22     No solicitor shall make an unsolicited telephone sales call 
  2.23  to any consumer at the consumer's place of business within the 
  2.24  state of Minnesota. 
  2.25     Sec. 3.  [325F.703] [VIOLATIONS; PENALTIES.] 
  2.26     Any person who violates sections 325F.701 and 325F.702 is 
  2.27  subject to the penalties, including a private right of action to 
  2.28  recover damages, provided in section 8.31.