HF 1692

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to telecommunications; providing consumer 
  1.3             protections for wireless customers; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 325F. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [325F.695] [CONSUMER PROTECTIONS FOR WIRELESS 
  1.7   CUSTOMERS.] 
  1.8      Subdivision 1.  [DEFINITIONS.] The definitions in this 
  1.9   subdivision apply to this section. 
  1.10     (a) "Contract" means an oral or written agreement of 
  1.11  definite duration between a provider and a customer, detailing 
  1.12  the wireless telecommunications services to be provided to the 
  1.13  customer and the terms and conditions for provision of those 
  1.14  services. 
  1.15     (b) "Wireless telecommunications services" means commercial 
  1.16  mobile radio services as defined in Code of Federal Regulations, 
  1.17  title 47, part 20. 
  1.18     (c) "Provider" means a provider of wireless 
  1.19  telecommunications services. 
  1.20     (d) "Substantive change" means a modification to, or 
  1.21  addition or deletion of, a term or condition in a contract that 
  1.22  results in an increase in the charge to the customer under that 
  1.23  contract.  "Substantive change" includes a modification in the 
  1.24  provider's administration of an existing contract term or 
  1.25  condition. 
  2.1      Subd. 2.  [COPY OF CONTRACT.] A provider must provide each 
  2.2   customer with a written copy of the customer's contract between 
  2.3   the provider and the customer within 15 days of the date the 
  2.4   contract is entered into.  A provider must maintain verification 
  2.5   that the customer accepted the terms of the contract for the 
  2.6   duration of the contract period.  
  2.7      Subd. 3.  [NOTICE OF SUBSTANTIVE CHANGE; CUSTOMER MAY OPT 
  2.8   OUT.] A provider must notify the customer in writing of any 
  2.9   proposed substantive change in the contract between the provider 
  2.10  and the customer 60 days before that change is to take effect.  
  2.11  The customer may choose to opt out of and terminate the contract 
  2.12  without penalty within the 60-day notice period.  The choice to 
  2.13  opt out of and terminate the contract must be in writing.  If no 
  2.14  affirmative action is taken by the customer to opt out of and 
  2.15  terminate the contract, the customer is considered to have 
  2.16  agreed to the proposed substantive change and the contract is 
  2.17  considered modified. 
  2.18     Sec. 2.  [EFFECTIVE DATE.] 
  2.19     Section 1 is effective on July 1, 2004, and applies to 
  2.20  contracts for wireless service entered into on or after May 1, 
  2.21  2004.