Minnesota Telephone Advertising Services
Minn. Stat. § 325E.39, § 325E.26 - § 325E.31
Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325E — Trade Practices
TELEPHONE ADVERTISING SERVICES
Section 325E.39 — Telephone Advertising Services.
325E.39 TELEPHONE ADVERTISING SERVICES.
Subdivision 1. Definition. For purposes of this section, "telephone advertising service" means a service that enables advertisers to make recorded personal or other advertisements available to respondents by means of voice mail or another messaging device accessed by telephone. "Telephone advertising service" does not mean advertisements for telephone services or a newspaper or other medium of mass communication that publishes an advertisement for a telephone advertising service.
Subd. 2. Verification and identification. A person who operates a telephone advertising service in this state shall:
(1) verify the placement of an advertisement that includes the advertiser's telephone number or other information that enables respondents to identify and communicate directly with the advertiser by calling the listed number or otherwise communicating with the person identified as the advertiser to ensure that the person placed or consented to the placement of the advertisement; and
(2) in any advertising for the telephone advertising service, provide a business mailing address or business telephone number sufficient to enable persons to communicate with the business operation of the service.
History: 1992 c 377 s 2
Minn. Stat. § 325E.26 - § 325E.31
Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325E — Trade Practices
AUTOMATIC DIALING-ANNOUNCING DEVICES
325E.26 DEFINITIONS.
325E.27 USE OF PRERECORDED OR SYNTHESIZED VOICE MESSAGES.
325E.28 REQUIREMENTS ON AUTOMATIC DIALING-ANNOUNCING DEVICES.
325E.29 MESSAGE REQUIREMENTS.
325E.30 TIME OF DAY LIMIT.
325E.31 REMEDIES.
325E.26 DEFINITIONS.
Subdivision 1. Scope. The terms used in sections 325E.26 to 325E.30 have the meanings given them in this section.
Subd. 2. Automatic dialing-announcing device. "Automatic dialing-announcing device" means a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called.
Subd. 3. Caller. "Caller" means a person, corporation, firm, partnership, association, or legal or commercial entity who attempts to contact, or who contacts, a subscriber in this state by using a telephone or a telephone line.
Subd. 4. Commercial telephone solicitation. "Commercial telephone solicitation" means any unsolicited call to a residential subscriber when the person initiating the call has not had a prior business or personal relationship with the subscriber, and when the purpose of the call is to solicit the purchase or the consideration of purchase of goods or services by the subscriber. Commercial telephone solicitation does not include calls initiated by organizations listed in Minnesota Statutes 2000, section 290.21, subdivision 3, clauses (a) to (e).
Subd. 5. Subscriber. "Subscriber" means a person who has subscribed to telephone service from a telephone company or the other persons living or residing with the subscribing person.
Subd. 6. Message. "Message" means any call, regardless of its content.
History: 1987 c 294 s 1; 1994 c 534 art 2 s 1; 2003 c 2 art 1 s 38
325E.27 USE OF PRERECORDED OR SYNTHESIZED VOICE MESSAGES.
(a) A caller shall not use or connect to a telephone line an automatic dialing-announcing device unless: (1) the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or (2) the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered.
(b) This section and section 325E.30 do not apply to (1) messages from school districts to students, parents, or employees, (2) messages to subscribers with whom the caller has a current business or personal relationship, or (3) messages advising employees of work schedules. This section does not apply to messages from a nonprofit tax-exempt charitable organization sent solely for the purpose of soliciting voluntary donations of clothing to benefit disabled United States military veterans and containing no request for monetary donations or other solicitations of any kind.
History: 1987 c 294 s 2; 2009 c 178 art 1 s 60
325E.28 REQUIREMENTS ON AUTOMATIC DIALING-ANNOUNCING DEVICES.
A caller shall not use an automatic dialing-announcing device unless the device is designed and operated so as to disconnect within ten seconds after termination of the telephone call by the subscriber.
History: 1987 c 294 s 3
325E.29 MESSAGE REQUIREMENTS.
Where the message is immediately preceded by a live operator, the operator must, at the outset of the message, disclose:
(1) the name of the business, firm, organization, association, partnership, or entity for which the message is being made;
(2) the purpose of the message;
(3) the identity or kinds of goods or services the message is promoting; and
(4) if applicable, the fact that the message intends to solicit payment or commitment of funds.
History: 1987 c 294 s 4
325E.30 TIME OF DAY LIMIT.
A caller shall not use an automatic dialing-announcing device nor make any commercial telephone solicitation before 9:00 a.m. or after 9:00 p.m.
History: 1987 c 294 s 5
325E.31 REMEDIES.
A person who is found to have violated sections 325E.27 to 325E.30 is subject to the penalties and remedies, including a private right of action to recover damages, as provided in section 8.31.
History: 1987 c 294 s 6
For more information, see here: https://www.revisor.mn.gov/statutes/cite/325E.39
AND
https://www.revisor.mn.gov/statutes/cite/325E.26
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