HF 3277

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 04/08/2010 05:36pm

A bill for 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