SF 298

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to consumer protection; limiting customer liability for unauthorized use
of lost or stolen cellular phones; 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.696] LOST OR STOLEN CELLULAR PHONES.
new text end

new text begin Subdivision 1. new text end

new text begin Liability limited. new text end

new text begin A person is not liable for any amount in excess of
$50 resulting from the unauthorized use of a cellular phone from which the person or a
member of the person's family or household derives no benefit. The limitation on liability
in this subdivision is effective only if the wireless service provider is notified of any
unauthorized charges contained in a bill within 20 days of receipt of the bill.
new text end

new text begin Subd. 2. new text end

new text begin Unauthorized use. new text end

new text begin A person is not liable for any amount resulting from
the unauthorized use of a cellular phone after receipt by the wireless service provider of
notice that the phone has been lost or stolen and from which the person or a member of the
person's family or household derives no benefit.
new text end

new text begin Subd. 3. new text end

new text begin Unauthorized use defined. new text end

new text begin For purposes of subdivisions 1 and 2,
"unauthorized use" means use by a person other than the customer who does not have
actual, implied, or apparent authority for the use.
new text end