2007 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.
History: 2004 c 261 art 5 s 1