Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 377-S.F.No. 1919 
           An act relating to trade regulations; regulating 
          telephone advertising services; providing penalties 
          and remedies; amending Minnesota Statutes 1990, 
          section 8.31, subdivision 1; proposing coding for new 
          law in Minnesota Statutes, chapter 325E. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 8.31, 
subdivision 1, is amended to read: 
    Subdivision 1.  [INVESTIGATE OFFENSES AGAINST THE 
PROVISIONS OF CERTAIN DESIGNATED SECTIONS; ASSIST IN 
ENFORCEMENT.] The attorney general shall investigate violations 
of the law of this state respecting unfair, discriminatory, and 
other unlawful practices in business, commerce, or trade, and 
specifically, but not exclusively, the nonprofit corporation act 
(sections 317A.001 to 317A.909), the act against unfair 
discrimination and competition (sections 325D.01 to 325D.08), 
the unlawful trade practices act (sections 325D.09 to 325D.16), 
the antitrust act (sections 325D.49 to 325D.66), section 325F.67 
and other laws against false or fraudulent advertising, the 
antidiscrimination acts contained in section 325D.67, the act 
against monopolization of food products (section 325D.68), the 
act regulating telephone advertising services (section 2), and 
the prevention of consumer fraud act (sections 325F.68 to 
325F.70) and assist in the enforcement of those laws as in this 
section provided. 
    Sec. 2.  [325E.39] [TELEPHONE ADVERTISING SERVICES.] 
    Subdivision 1.  [DEFINITION.] For purposes of this section, 
"telephone advertising service" means a service that enables 
advertisers to make recorded personal or other advertisements 
available to respondents by means of voice mail or another 
messaging device accessed by telephone.  "Telephone advertising 
service" does not mean advertisements for telephone services or 
a newspaper or other medium of mass communication that publishes 
an advertisement for a telephone advertising service. 
    Subd. 2.  [VERIFICATION AND IDENTIFICATION.] A person who 
operates a telephone advertising service in this state shall: 
    (1) verify the placement of an advertisement that includes 
the advertiser's telephone number or other information that 
enables respondents to identify and communicate directly with 
the advertiser by calling the listed number or otherwise 
communicating with the person identified as the advertiser to 
ensure that the person placed or consented to the placement of 
the advertisement; and 
    (2) in any advertising for the telephone advertising 
service, provide a business mailing address or business 
telephone number sufficient to enable persons to communicate 
with the business operation of the service. 
    Presented to the governor March 30, 1992 
    Signed by the governor April 1, 1992, 4:52 p.m.