language to be deleted (2) new language
Laws of Minnesota 1993 CHAPTER 197-S.F.No. 174 An act relating to commerce; regulating facsimile transmission of unsolicited advertising materials; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325E. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [325E.395] [FACSIMILE TRANSMISSION OF UNSOLICITED ADVERTISING MATERIALS.] Subdivision 1. [TELEPHONE NUMBER AND ADDRESS REQUIRED; NOTICE.] (a) A person conducting business in this state may not make or cause to be made a facsimile transmission of documents consisting of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of property or services unless the person establishes a toll-free telephone number that a recipient of the unsolicited documents may call to notify the sender not to transmit to the recipient unsolicited documents. (b) Unsolicited facsimile transmissions subject to this section must include a statement, in at least 9-point type, informing the recipient of the toll-free telephone number the recipient may call, and an address the recipient may write to, to notify the sender not to transmit to the recipient unsolicited documents to the facsimile number specified by the recipient. (c) Upon receiving a request not to transmit unsolicited documents, no person or entity conducting business in this state may make or cause to be made any unsolicited facsimile transmissions of documents to the person making the request. Subd. 2. [EXCEPTION.] This section does not apply to the transmission of documents by a telecommunications service provider to the extent that the telecommunications service provider merely provides transmission facilities. Subd. 3. [REMEDIES AND PENALTIES.] A person who is found to have violated this section is subject to the penalties and remedies, including a private right of action, as provided in section 8.31. Presented to the governor May 12, 1993 Signed by the governor May 14, 1993, 9:56 p.m.