SF 2473

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to consumer protection; prohibiting certain 
  1.3             unsolicited facsimile transmissions; providing 
  1.4             remedies and penalties; proposing coding for new law 
  1.5             in Minnesota Statutes, chapter 325E; repealing 
  1.6             Minnesota Statutes 2000, section 325E.395. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [325E.396] [UNSOLICITED FACSIMILE 
  1.9   TRANSMISSIONS.] 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.11  section, the terms in paragraphs (b) and (c) have the meanings 
  1.12  given them. 
  1.13     (b) "Commercial solicitation" means the unsolicited 
  1.14  electronic or telephonic transmission in this state to a 
  1.15  facsimile device to encourage a person to purchase goods, 
  1.16  realty, or services.  The term does not include: 
  1.17     (1) an electronic or telephonic transmission made in the 
  1.18  course of prior negotiations; or 
  1.19     (2) an electronic or telephonic transmission made in the 
  1.20  course of a preexisting business relationship with the person 
  1.21  receiving the transmission. 
  1.22     (c) "Facsimile device" means a machine that receives and 
  1.23  copies reproductions or facsimiles of documents or photographs 
  1.24  that have been transmitted electronically or telephonically over 
  1.25  telecommunication lines. 
  1.26     Subd. 2.  [COMMERCIAL SOLICITATION PROHIBITED.] A person 
  2.1   shall not make or cause to be made an electronic or telephonic 
  2.2   transmission to a facsimile device for the purpose of commercial 
  2.3   solicitation. 
  2.4      Subd. 3.  [EXCEPTION.] This section does not apply to the 
  2.5   transmission of reproductions or facsimiles of documents or 
  2.6   photographs by a telecommunications service provider to the 
  2.7   extent that the telecommunications provider merely provides 
  2.8   transmission facilities. 
  2.9      Subd. 4.  [REMEDIES AND PENALTIES.] A person who is found 
  2.10  to have violated this section is subject to the remedies and 
  2.11  penalties provided in section 8.31, including a private right of 
  2.12  action. 
  2.13     Sec. 2.  [REPEALER.] 
  2.14     Minnesota Statutes 2000, section 325E.395, is repealed.