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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) 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.