HF 2200

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to consumer protection; providing for the 
  1.3             treatment of negative option offers; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 325G. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [325G.015] [NEGATIVE OPTION.] 
  1.7      Subdivision 1.  [NEGATIVE OPTION OFFER.] For the purposes 
  1.8   of this section, "negative option offer" means any statement to 
  1.9   a person that goods or services will be delivered or provided to 
  1.10  the person without any further action by the person unless the 
  1.11  person objects to receiving the goods or services. 
  1.12     Subd. 2.  [EFFECT OF NEGATIVE OPTION OFFER.] A person's 
  1.13  failure to respond to a negative option offer does not 
  1.14  constitute the person's agreement to pay for the goods or 
  1.15  services mentioned in the offer and creates no obligation on the 
  1.16  part of the person who fails to respond.  If any unsolicited 
  1.17  goods or services are provided to a person based on a negative 
  1.18  option offer, those goods and services shall be deemed 
  1.19  unconditional gifts to the recipient and the recipient has no 
  1.20  obligation to the provider of the goods and services.