HF 1230

as introduced - 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 325F.

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

Section 1.

new text begin [325F.6951] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end [CALLING PARTY'S IDENTITY.] new text begin "Calling
party's identity" means the telephone number of the calling
party or the name of the customer to the telephone, or an oral
or text message that provides sufficient information to enable a
wireless telecommunications services customer to determine who
is calling.
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 [325F.6952] WIRELESS TELEPHONE DIRECTORY.
new text end

new text begin Subdivision 1. new text end

new text begin Notice. 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 information 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 providing a
customer with a conspicuous, separate notice that unambiguously
discloses that:
new text end

new text begin (1) by providing prior express authorization, a customer
consents to allow a provider to sell the customer's wireless
telephone number information for inclusion in a wireless
telephone directory; and
new text end

new text begin (2) if permitted under the customer's contract with a
provider, the customer may be billed for receiving unsolicited
calls or text messaging.
new text end

new text begin (b) The notice must state that the customer has the right
not to be listed in any wireless telephone directory and that no
fee may be charged to a subscriber for choosing not to be listed.
new text end

new text begin (c) The provider must send the notice to all customers once
a year and to new customers within 30 days of the date of the
contract for wireless telecommunications services.
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 information 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.
new text end

new text begin (b) The customer must indicate in the authorization whether
only the customer's name and telephone number are authorized to
be included in a wireless telephone directory, or whether
additional information, including the customer's physical
address, e-mail address, ENUM, and any other identifying
information by which a calling party may reach a customer, is
also authorized to be included. For purposes of this paragraph,
"ENUM" means the technology that enables a user to store contact
information that can be accessed by another person through the
use of one telephone number.
new text end

new text begin (c) A provider meets the prior express authorization
requirement of this section only if it obtains a customer's
written authorization in the form of a letter of agency, a
customer's oral authorization verified by an independent third
party, or a copy of an e-mail notice of verification as
described in clause (3).
new text end

new text begin (1) If a provider obtains a customer's written
authorization in the form of a letter of agency, it must be a
separate or easily separable document. The sole purpose of the
letter of agency is to authorize the provider to provide the
customer's wireless telephone number information for inclusion
in a directory. The letter of agency must be clearly legible,
must contain clear and unambiguous language, and must be signed
and dated by the customer.
new text end

new text begin (2) A customer's oral authorization must be verified by an
independent third-party verifier. The verification is valid
only if:
new text end

new text begin (i) the independent third party confirms the customer's
identity with information unique to the customer, unless the
customer refuses, which fact must be noted; and
new text end

new text begin (ii) the independent third party informs the customer that
the customer is agreeing to authorize the provider to provide
the customer's wireless telephone number information for
inclusion in a wireless telephone directory, which may result in
additional billing to the customer for receiving unsolicited
calls or text messaging.
new text end

new text begin (3) If a customer enters a contract via the Internet with a
provider for wireless telephone service, the third-party service
provider must, within 48 hours of receiving the customer's
authorization, send the customer, via e-mail, a notice of
verification confirming the authorization.
new text end

new text begin (4) The provider shall maintain a record of the customer's
express authorization for the duration of the contract by
retaining a copy of the letter of agency, documentation of the
oral verification, or the notice of verification, as appropriate.
new text end

new text begin (d) A customer may revoke the express prior authorization
provided under this subdivision at any time by written
authorization, oral authorization verified by an independent
third-party verifier, or via the Internet, utilizing the
procedures in paragraph (c). A provider must comply with a
customer's request to revoke the customer's express prior
authorization within 60 days of the request.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to the
provision of a customer's assigned wireless telephone number
information in order to implement a customer's request to
transfer the customer's assigned telephone number from the
customer's existing provider to a new telecommunications
services provider.
new text end

Sec. 3.

new text begin [325F.6953] CALL FORWARDING.
new text end

new text begin A provider, or any direct or indirect affiliate or agent of
a provider, may connect a calling party from a wireless
directory assistance service to a customer who has given the
provider prior express authorization to provide the customer's
wireless telephone number information for inclusion in a
wireless telephone directory only if:
new text end

new text begin (1) the customer is provided prior notice of the calling
party's identity and is permitted to accept or reject the
incoming call on a per-call basis; and
new text end

new text begin (2) the customer's wireless telephone number information is
not disclosed to the calling party.
new text end

Sec. 4.

new text begin [325F.6954] NO FEE TO RETAIN PRIVACY.
new text end

new text begin A provider may not charge a customer for exercising any of
the rights under sections 325F.6952 to 325F.6955.
new text end

Sec. 5.

new text begin [325F.6955] REMEDIES.
new text end

new text begin A person found to have violated sections 325F.6952 to
325F.6954 is subject to the penalties and remedies as provided
in section 8.31, excluding a private right of action to recover
damages, as set forth in section 8.31, subdivision 3a.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final
enactment.
new text end