HF 1230

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer protection; regulating wireless
telephone directories; protecting consumer privacy;
proposing coding for new law in Minnesota Statutes,
chapter 325E.

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

Section 1.

new text begin [325E.317] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections
325E.317 and 325E.318, the terms defined in this section have
the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Provider. new text end

new text begin "Provider" means a provider of
wireless telecommunications services.
new text end

new text begin Subd. 3. new text end

new text begin Telecommunications
services. new text end

new text begin "Telecommunications services" has the meaning given
in section 297A.61, subdivision 24, paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Wireless directory assistance
service. new text end

new text begin "Wireless directory assistance service" means any
service for connecting calling parties to a wireless
telecommunications services customer when the calling parties
themselves do not possess the customer's wireless telephone
number information.
new text end

new text begin Subd. 5. new text end

new text begin Wireless telecommunications services. new text end

new text begin "Wireless
telecommunications services" has the meaning given in section
325F.695.
new text end

new text begin Subd. 6. new text end

new text begin Wireless telephone directory. new text end

new text begin "Wireless
telephone directory" means a directory or database containing
wireless telephone number information or any other identifying
information by which a calling party may reach a wireless
telecommunications services customer.
new text end

new text begin Subd. 7. new text end

new text begin Wireless telephone number
information. new text end

new text begin "Wireless telephone number information" means the
telephone number, electronic address, and any other identifying
information by which a calling party may reach a wireless
telecommunications services customer, which is assigned by a
provider to the customer and includes the customer's name and
address.
new text end

Sec. 2.

new text begin [325E.318] WIRELESS DIRECTORIES.
new text end

new text begin Subdivision 1. new text end

new text begin Notice. new text end

new text begin No provider of wireless
telecommunications service, or any direct or indirect affiliate
or agent of a provider, may include the wireless telephone
number information of a customer in a wireless telephone
directory assistance service database or publish, sell, or
otherwise disseminate the contents of a wireless telephone
directory assistance service database unless the provider
provides a conspicuous notice to the subscriber informing the
subscriber that the subscriber will not be listed in a wireless
directory assistance service database without the subscriber's
prior express authorization.
new text end

new text begin Subd. 2. new text end

new text begin Authorization. new text end

new text begin (a) A provider, or any direct or
indirect affiliate or agent of a provider, may not disclose,
provide, or sell a customer's wireless telephone number
information, or any part thereof, for inclusion in a wireless
telephone directory of any form, and may not sell a wireless
telephone directory containing a customer's wireless telephone
number information without first receiving prior express
authorization from the customer. The customer's authorization
must meet the following requirements:
new text end

new text begin (1) consent shall be affirmatively obtained separately from
the execution of the service contract via verifiable means; and
new text end

new text begin (2) consent shall be unambiguous and conspicuously disclose
that the subscriber is consenting to have the customer's dialing
number sold or licensed as part of a publicly available
directory assistance database.
new text end

new text begin (b) A record of the authorization shall be maintained for
the duration of the service contract or any extension of the
contract.
new text end

new text begin (c) A subscriber who provides express consent pursuant to
paragraph (a) may revoke that consent at any time. A provider
must comply with the customer's request to be removed from the
directory and remove such listing from directory assistance
within 60 days.
new text end

new text begin Subd. 3. new text end

new text begin No fee to retain privacy. new text end

new text begin A customer shall not
be charged for opting not to be listed in a wireless telephone
directory.
new text end

new text begin Subd. 4. new text end

new text begin Remedies. new text end

new text begin Every knowing violation of this
section is punishable by a fine of up to $500 for each violation
with a maximum aggregated amount of $10,000 for a provider, of
which $100 per violation shall be paid to each victim of the
violation. The attorney general may bring actions to enforce
compliance with this section. For the first violation by any
company or organization of this section, the attorney general
shall notify the company with a letter of warning that the
section has been violated. No telephone corporation, nor any
official or employee of a telephone corporation, shall be
subject to criminal or civil liability for the release of
customer information as authorized by this section.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final
enactment.
new text end