HF 116

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; imposing certain customer sales or service call center
requirements; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

[325E.259] CUSTOMER SALES OR SERVICE CALL CENTER
REQUIREMENTS.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them.

(1) "Customer sales and service call center" means an entity whose primary purpose
includes the initiating or receiving of telephonic communications on behalf of any person
for the purpose of initiating telephone solicitations as defined in section 325E.311,
subdivision 6.

(2) "Customer service call center" means an entity whose primary purpose includes
the initiating or receiving of telephonic communications on behalf of any person for the
purposes of providing or receiving services or information necessary in connection with
the providing of services or other benefits.

(3) "Customer services employee" means a person employed by or working on
behalf of a customer sales call center or a customer service call center.

Subd. 2.

Customers' right to customer sales or customer service call center
information.

(a) An individual who is a Minnesota resident who receives a telephone call
from, or places a telephone call to, a customer sales call center or a customer service call
center, upon request, has the right to know the identification of the state or country where
the customer service employee is located.

(b) An individual who is a Minnesota resident who receives a telephone solicitation
from, or places a telephone call to, a customer sales call center or a customer service call
center located in a foreign country, which requests the Minnesota resident's financial,
credit, or identifying information, has the right, upon reaching a customer service
representative, to request an alternative option to contact a customer sales or service
center located in the United States before the information is given if the alternative
option is available.

Subd. 3.

Nonapplicability; business-to-business calls.

The rights granted under
this section to an individual who is a Minnesota resident do not apply when the individual
who is a Minnesota resident is making or receiving the call on behalf of a business.

Subd. 4.

Violation.

It is fraud under section 325F.69 for a person to willfully
violate this section.

Subd. 5.

Application to other remedies.

Nothing in this section changes the
remedies currently available under state or federal law or creates additional or new
remedies.

Sec. 2. EFFECTIVE DATE; APPLICATION.

This act is effective August 1, 2007.