SF 3102

as introduced - 86th Legislature (2009 - 2010) Posted on 03/05/2010 12:12pm

A bill for an act
relating to commerce; specifying that advertising of deceptive local telephone
numbers for floral and locksmith 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; florists and locksmiths. new text end

new text begin (a) Sections 325D.43 to 325D.48 apply to floral
and locksmith businesses that violate this subdivision.
new text end

new text begin (b) A violation of this subdivision is a violation of section 325D.44, clauses (2)
and (4).
new text end

new text begin (c) This subdivision does not limit the application of sections 325D.43 to 325D.48 to
floral and locksmith businesses, or to any other business.
new text end

new text begin (d) For purposes of this subdivision:
new text end

new text begin (1) "floral business" means the business of selling, delivering, soliciting orders for,
or arranging for the sale of cut flowers, flower arrangements, or floral products;
new text end

new text begin (2) "locksmith business" means the sale, installation, and repair of locking devices,
including mechanical and electronic locking devices and related alarm systems; and
new text end

new text begin (3) "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 location.
new text end

new text begin (e) A person operating a floral or locksmith business shall not misrepresent the
geographic location of the business in the listing of the business in a telephone directory,
other directory assistance database, or on the Internet. A person misrepresents the
geographic location of the business under this section if the name of the business, or
the name under which the business is listed, indicates that the business is located in 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 (f) A person operating a floral or locksmith business shall not misrepresent the
geographic location of the business in print advertisement. A person 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 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