2005 Minnesota Statutes

     325F.695 Consumer protections for wireless customers. 

    Subdivision 1.    Definitions.  The definitions in this 
 subdivision apply to this section. 

    (a) "Contract" means an oral or written agreement of 
 definite duration between a provider and a customer, detailing 
 the wireless telecommunications services to be provided to the 
 customer and the terms and conditions for provision of those 
 services. 

    (b) "Wireless telecommunications services" means commercial 
 mobile radio services as defined in Code of Federal Regulations, 
 title 47, part 20. 

    (c) "Provider" means a provider of wireless 
 telecommunications services. 

    (d) "Substantive change" means a modification to, or 
 addition or deletion of, a term or condition in a contract that 
 could result in an increase in the charge to the customer under 
 that contract or that could result in an extension of the term 
 of that contract.  "Substantive change" includes a modification 
 in the provider's administration of an existing contract term or 
 condition.  A price increase that includes only the actual 
 amount of any increase in taxes or fees, which the government 
 requires the provider to impose upon the customer, is not a 
 substantive change for purposes of this section. 

    Subd. 2.    Copy of contract.  A provider must provide 
 each customer with a written copy of the customer's contract 
 between the provider and the customer within 15 days of the date 
 the contract is entered into.  The provider may meet the 
 requirement to provide a written copy of the contract by 
 providing an electronic copy of the contract at the customer's 
 request.  A provider must maintain verification that the 
 customer accepted the terms of the contract for the duration of 
 the contract period.  

    Subd. 3.    Provider-initiated substantive change.  A 
 provider must notify the customer in writing of any proposed 
 substantive change in the contract between the provider and the 
 customer 60 days before the change is proposed to take effect. 
 The change only becomes effective if the customer opts in to the 
 change by affirmatively accepting the change prior to the 
 proposed effective date in writing or by oral authorization 
 which is recorded by the provider and maintained for the 
 duration of the contract period.  If the customer does not 
 affirmatively opt in to accept the proposed substantive change, 
 then the original contract terms shall apply. 

    Subd. 4.    Customer-initiated change.  If the customer 
 proposes to the provider any change in the terms of an existing 
 contract, the provider must clearly disclose to the customer 
 orally or electronically any substantive change to the existing 
 contract terms that would result from the customer's proposed 
 change.  The customer's proposed change is only effective if the 
 provider agrees to the proposed change and the customer agrees 
 to any resulting changes in the contract.  The provider must 
 maintain recorded or electronic verification of the disclosure 
 for the duration of the contract period. 

    Subd. 5.    Expiration.  This section expires August 1, 
 2007. 

    HIST: 2004 c 261 art 5 s 1