Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 294-S.F.No. 184 
           An act relating to utilities; trade practices; 
          restricting use and connection of automatic 
          dialing-announcing devices to telephone lines; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 325E. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [325E.26] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The terms used in sections 1 to 5 
have the meanings given them in this section.  
    Subd. 2.  [AUTOMATIC DIALING-ANNOUNCING DEVICE.] "Automatic 
dialing-announcing device" means a device that selects and dials 
telephone numbers and that, working alone or in conjunction with 
other equipment, disseminates a prerecorded or synthesized voice 
message to the telephone number called.  
    Subd. 3.  [CALLER.] "Caller" means a person, corporation, 
firm, partnership, association, or legal or commercial entity 
who attempts to contact, or who contacts, a subscriber in this 
state by using a telephone or a telephone line.  
    Subd. 4.  [COMMERCIAL TELEPHONE SOLICITATION.] "Commercial 
telephone solicitation" means any unsolicited call to a 
residential subscriber when the person initiating the call has 
not had a prior business or personal relationship with the 
subscriber, and when the purpose of the call is to solicit the 
purchase or the consideration of purchase of goods or services 
by the subscriber.  Commercial telephone solicitation does not 
include calls initiated by organizations listed in section 
290.21, subdivision 3, clauses (a) to (e). 
    Subd. 5.  [SUBSCRIBER.] "Subscriber" means a person who has 
subscribed to telephone service from a telephone company or the 
other persons living or residing with the subscribing person. 
    Sec. 2.  [325E.27] [USE OF PRERECORDED OR SYNTHESIZED VOICE 
MESSAGES.] 
    A caller shall not use or connect to a telephone line an 
automatic dialing-announcing device unless:  (1) the subscriber 
has knowingly or voluntarily requested, consented to, permitted, 
or authorized receipt of the message; or (2) the message is 
immediately preceded by a live operator who obtains the 
subscriber's consent before the message is delivered.  This 
section and section 5 do not apply to (1) messages from school 
districts to students, parents or employees, (2) messages to 
subscribers with whom the caller has a current business or 
personal relationship, or (3) messages advising employees of 
work schedules. 
    Sec. 3.  [325E.28] [REQUIREMENTS ON AUTOMATIC 
DIALING-ANNOUNCING DEVICES.] 
    A caller shall not use an automatic dialing-announcing 
device unless the device is designed and operated so as to 
disconnect within ten seconds after termination of the telephone 
call by the subscriber.  
    Sec. 4.  [325E.29] [MESSAGE REQUIREMENTS.] 
    Where the message is immediately preceded by a live 
operator, the operator must, at the outset of the message, 
disclose: 
    (1) the name of the business, firm, organization, 
association, partnership, or entity for which the message is 
being made; 
    (2) the purpose of the message; 
    (3) the identity or kinds of goods or services the message 
is promoting; and 
    (4) if applicable, the fact that the message intends to 
solicit payment or commitment of funds. 
     Sec. 5.  [325E.30] [TIME OF DAY LIMIT.] 
    A caller shall not use an automatic dialing-announcing 
device nor make any commercial telephone solicitation before 
9:00 a.m. or after 9:00 p.m. 
    Sec. 6.  [325E.31] [REMEDIES.] 
    A person who is found to have violated sections 2 to 5 is 
subject to the penalties and remedies, including a private right 
of action to recover damages, as provided in section 8.31. 
    Approved May 28, 1987