HF 170

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:34am

A bill for an act
relating to consumer protection; allowing residents to decline to receive local
telephone directories; providing civil penalties; 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.319] LOCAL TELEPHONE DIRECTORIES; OPTION TO
DECLINE DELIVERY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms
have the meanings given:
new text end

new text begin (1) "deliver" means to physically bring to a resident by personal delivery, but
does not include actions by the United States Postal Service, a commercial courier, or
a commercial package delivery service that allows a customer to track the status of a
shipment by destination, date, and time of delivery;
new text end

new text begin (2) "local telephone directory" means a publication listing: (i) the names, addresses,
and telephone numbers of local businesses by type and containing advertisements
promoting those businesses or the products they sell; or (ii) the names, addresses, and
telephone numbers of individuals or local businesses in alphabetical order; and
new text end

new text begin (3) "resident" means a person that has a mailing address in Minnesota that is not a
post office box.
new text end

new text begin Subd. 2. new text end

new text begin Option to decline delivery. new text end

new text begin (a) A person publishing and delivering local
telephone directories in this state must print in boldfaced type in .. point font or larger on
the outside front cover of each directory the following information:
new text end

new text begin (1) a statement that reads: "IF YOU NO LONGER WISH TO RECEIVE THIS
DIRECTORY, PLEASE CALL THE FOLLOWING TOLL-FREE NUMBER OR
ACCESS THE FOLLOWING INTERNET WEB SITE ADDRESS:"; and
new text end

new text begin (2) a toll-free telephone number and an internet Web site address that a resident may
use to contact the person delivering the local telephone directory to provide notice that the
resident no longer wishes to receive the local telephone directory.
new text end

new text begin (b) A person publishing and delivering a local telephone directory in this state must
prominently and conspicuously place on the home page of the person's internet Web site
instructions describing how a resident can provide notice to the person via the internet
Web site that the resident no longer wishes to receive the local telephone directory.
new text end

new text begin (c) A person publishing and delivering a local telephone directory in this state must
maintain a database of the name and address of each resident who provides notice under
this subdivision and must not remove the name unless the person receives notice from the
resident that the resident's name is to be removed from the database.
new text end

new text begin (d) A person publishing and delivering a local telephone directory in this state
must not deliver a local telephone directory to a resident whose name is in the database
maintained under paragraph (c).
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin (a) The attorney general or the county attorney located in
the county in which a violation occurs may enforce this section by commencing a civil
action in district court against a violator or to prevent a violation of this section. A civil
penalty of $500 may be assessed for each violation of this section.
new text end

new text begin (b) In a civil action under paragraph (a), it is a defense that the defendant delivered a
local telephone directory to a resident in error.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to local telephone directories delivered in
this state after January 1, 2010.
new text end