1.1 	A bill for an act
1.2 	relating to consumer protection; regulating wireless
1.3 	telephone directories; protecting consumer privacy;
1.4 	proposing coding for new law in Minnesota Statutes,
1.5 	chapter 325F.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [325F.6951] DEFINITIONS.
1.8 	Subdivision 1.[CALLING PARTY'S IDENTITY.] "Calling
1.9 	party's identity" means the telephone number of the calling
1.10 	party or the name of the customer to the telephone, or an oral
1.11 	or text message that provides sufficient information to enable a
1.12 	wireless telecommunications services customer to determine who
1.13 	is calling.
1.14 		Subd. 2.Provider. "Provider" means a provider of
1.15 	wireless telecommunications services.
1.16 		Subd. 3.Telecommunications
1.17 	services. "Telecommunications services" has the meaning given
1.18 	in section 297A.61, subdivision 24, paragraph (a).
1.19 		Subd. 4.Wireless directory assistance
1.20 	service. "Wireless directory assistance service" means any
1.21 	service for connecting calling parties to a wireless
1.22 	telecommunications services customer when the calling parties
1.23 	themselves do not possess the customer's wireless telephone
1.24 	number information.
1.25 		Subd. 5.Wireless telecommunications services. "Wireless
2.1 	telecommunications services" has the meaning given in section
2.2 	325F.695.
2.3 		Subd. 6.Wireless telephone directory. "Wireless
2.4 	telephone directory" means a directory or database containing
2.5 	wireless telephone number information or any other identifying
2.6 	information by which a calling party may reach a wireless
2.7 	telecommunications services customer.
2.8 		Subd. 7.Wireless telephone number
2.9 	information. "Wireless telephone number information" means the
2.10 	telephone number, electronic address, and any other identifying
2.11 	information by which a calling party may reach a wireless
2.12 	telecommunications services customer, which is assigned by a
2.13 	provider to the customer and includes the customer's name and
2.14 	address.

2.15 	Sec. 2. [325F.6952] WIRELESS TELEPHONE DIRECTORY.
2.16 		Subdivision 1.Notice. (a) A provider, or any direct or
2.17 	indirect affiliate or agent of a provider, may not disclose,
2.18 	provide, or sell a customer's wireless telephone information for
2.19 	inclusion in a wireless telephone directory of any form, and may
2.20 	not sell a wireless telephone directory containing a customer's
2.21 	wireless telephone number information without first providing a
2.22 	customer with a conspicuous, separate notice that unambiguously
2.23 	discloses that:
2.24 	(1) by providing prior express authorization, a customer
2.25 	consents to allow a provider to sell the customer's wireless
2.26 	telephone number information for inclusion in a wireless
2.27 	telephone directory; and 
2.28 	(2) if permitted under the customer's contract with a
2.29 	provider, the customer may be billed for receiving unsolicited
2.30 	calls or text messaging.
2.31 	(b) The notice must state that the customer has the right
2.32 	not to be listed in any wireless telephone directory and that no
2.33 	fee may be charged to a subscriber for choosing not to be listed.
2.34 	(c) The provider must send the notice to all customers once
2.35 	a year and to new customers within 30 days of the date of the
2.36 	contract for wireless telecommunications services.
3.1 		Subd. 2.Authorization. (a) A provider, or any direct or
3.2 	indirect affiliate or agent of a provider, may not disclose,
3.3 	provide, or sell a customer's wireless telephone information for
3.4 	inclusion in a wireless telephone directory of any form, and may
3.5 	not sell a wireless telephone directory containing a customer's
3.6 	wireless telephone number information without first receiving
3.7 	prior express authorization from the customer.
3.8 	(b) The customer must indicate in the authorization whether
3.9 	only the customer's name and telephone number are authorized to
3.10 	be included in a wireless telephone directory, or whether
3.11 	additional information, including the customer's physical
3.12 	address, e-mail address, ENUM, and any other identifying
3.13 	information by which a calling party may reach a customer, is
3.14 	also authorized to be included.  For purposes of this paragraph,
3.15 	"ENUM" means the technology that enables a user to store contact
3.16 	information that can be accessed by another person through the
3.17 	use of one telephone number.
3.18 	(c) A provider meets the prior express authorization
3.19 	requirement of this section only if it obtains a customer's
3.20 	written authorization in the form of a letter of agency, a
3.21 	customer's oral authorization verified by an independent third
3.22 	party, or a copy of an e-mail notice of verification as
3.23 	described in clause (3).
3.24 	(1) If a provider obtains a customer's written
3.25 	authorization in the form of a letter of agency, it must be a
3.26 	separate or easily separable document.  The sole purpose of the
3.27 	letter of agency is to authorize the provider to provide the
3.28 	customer's wireless telephone number information for inclusion
3.29 	in a directory.  The letter of agency must be clearly legible,
3.30 	must contain clear and unambiguous language, and must be signed
3.31 	and dated by the customer.
3.32 	(2) A customer's oral authorization must be verified by an
3.33 	independent third-party verifier.  The verification is valid
3.34 	only if:
3.35 	(i) the independent third party confirms the customer's
3.36 	identity with information unique to the customer, unless the
4.1 	customer refuses, which fact must be noted; and 
4.2 	(ii) the independent third party informs the customer that
4.3 	the customer is agreeing to authorize the provider to provide
4.4 	the customer's wireless telephone number information for
4.5 	inclusion in a wireless telephone directory, which may result in
4.6 	additional billing to the customer for receiving unsolicited
4.7 	calls or text messaging.
4.8 	(3) If a customer enters a contract via the Internet with a
4.9 	provider for wireless telephone service, the third-party service
4.10 	provider must, within 48 hours of receiving the customer's
4.11 	authorization, send the customer, via e-mail, a notice of
4.12 	verification confirming the authorization.
4.13 	(4) The provider shall maintain a record of the customer's
4.14 	express authorization for the duration of the contract by
4.15 	retaining a copy of the letter of agency, documentation of the
4.16 	oral verification, or the notice of verification, as appropriate.
4.17 	(d) A customer may revoke the express prior authorization
4.18 	provided under this subdivision at any time by written
4.19 	authorization, oral authorization verified by an independent
4.20 	third-party verifier, or via the Internet, utilizing the
4.21 	procedures in paragraph (c).  A provider must comply with a
4.22 	customer's request to revoke the customer's express prior
4.23 	authorization within 60 days of the request.
4.24 		Subd. 3.Exceptions. This section does not apply to the
4.25 	provision of a customer's assigned wireless telephone number
4.26 	information in order to implement a customer's request to
4.27 	transfer the customer's assigned telephone number from the
4.28 	customer's existing provider to a new telecommunications
4.29 	services provider.

4.30 	Sec. 3. [325F.6953] CALL FORWARDING.
4.31 	A provider, or any direct or indirect affiliate or agent of
4.32 	a provider, may connect a calling party from a wireless
4.33 	directory assistance service to a customer who has given the
4.34 	provider prior express authorization to provide the customer's
4.35 	wireless telephone number information for inclusion in a
4.36 	wireless telephone directory only if:
5.1 	(1) the customer is provided prior notice of the calling
5.2 	party's identity and is permitted to accept or reject the
5.3 	incoming call on a per-call basis; and 
5.4 	(2) the customer's wireless telephone number information is
5.5 	not disclosed to the calling party.

5.6 	Sec. 4. [325F.6954] NO FEE TO RETAIN PRIVACY.
5.7 	A provider may not charge a customer for exercising any of
5.8 	the rights under sections 325F.6952 to 325F.6955.

5.9 	Sec. 5. [325F.6955] REMEDIES.
5.10 	A person found to have violated sections 325F.6952 to
5.11 	325F.6954 is subject to the penalties and remedies as provided
5.12 	in section 8.31, excluding a private right of action to recover
5.13 	damages, as set forth in section 8.31, subdivision 3a.

5.14 	Sec. 6. EFFECTIVE DATE.
 5.15 	Sections 1 to 5 are effective the day following final
5.16 	enactment.