Minnesota Session Laws - 2010, Regular Session

CHAPTER 235--H.F.No. 3277

An act

relating to commerce; specifying that advertising of deceptive local telephone numbers for businesses is a deceptive trade practice;

amending Minnesota Statutes 2008, section 325D.46, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 325D.46, is amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Deceptive telephone-related directory listings and print advertisements. new text end

new text begin (a) The practices described in this subdivision are practices described in section 325D.44, clauses (2) and (4). new text end

new text begin (b) For purposes of this subdivision, "business is located within the geographic area," "geographic location of the business," or similar term means that at least one owner or employee of the business regularly performs services on behalf of the business at that location. Renting use of a street address, post office box, or mail-drop does not constitute having a business at that location. new text end

new text begin (c) A person operating a business misrepresents the geographic location of its business in a listing of the business in a telephone directory, other directory assistance database, or on the Internet, if the name of the business, or the name under which the business is listed, indicates that the business is located within a geographic area and all of the following apply: new text end

new text begin (1) the business is not located within the geographic area indicated; new text end

new text begin (2) the listing fails to identify the actual municipality and state of the business's geographic location; and new text end

new text begin (3) telephone calls to the local telephone number listed in the telephone directory, directory assistance database, or on the Internet routinely are forwarded or transferred to a location that is outside the calling area covered by the telephone directory or directory assistance database in which the number is listed, or outside the local calling area for the local telephone number posted on the Internet. new text end

new text begin (d) A person operating a business misrepresents the geographic location of the business in print advertisement if a fictitious or assumed business name is listed in print advertisement and both of the following apply: new text end

new text begin (1) the name used misrepresents the geographic location of the business; and new text end

new text begin (2) a telephone call to the local telephone number listed in the print advertisement routinely is forwarded or transferred to a location that is outside the calling area for the local telephone number listed. new text end

new text begin (e) This subdivision does not limit the application of sections 325D.43 to 325D.48. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to any telephone directory, directory assistance database, Internet Web site, or print advertisement provided, published, or posted on or after that date. new text end

Presented to the governor April 12, 2010

Signed by the governor April 15, 2010, 11:51 a.m.