Bill Text: FL H0889 | 2012 | Regular Session | Introduced


Bill Title: Commercial Mobile Radio Services

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2012-03-09 - Died in Energy and Utilities Subcommittee [H0889 Detail]

Download: Florida-2012-H0889-Introduced.html
HB 889

1
A bill to be entitled
2An act relating to commercial mobile radio services;
3providing a short title; creating s. 501.180, F.S.;
4defining terms; prohibiting commercial mobile radio
5service carriers from adding charges to consumer
6accounts or collecting charges for third-party
7application providers that have not been expressly
8authorized by the primary account holders; prohibiting
9commercial mobile radio service carriers from
10obtaining a primary account holder's authorization
11through misleading or deceptive means or from imposing
12charges, collecting payments, or otherwise profiting
13from blocking consumer accounts from incurring charges
14from third-party application providers or receiving,
15handling, or processing consumer complaints or
16disputes; specifying procedures for providing notice
17to consumers of certain disclosures relating to
18charges for third-party applications, content,
19services, and other things and for obtaining the
20primary account holder's authorization of the charges;
21requiring commercial mobile radio service carriers to
22maintain certain documentation; providing procedures
23for consumer complaints or disputes and the reversal
24of disputed charges; providing that violations are
25unfair and deceptive trade practices, which are
26subject to specified penalties and remedies; requiring
27a minimum award of damages under certain
28circumstances; providing a directive to the Division
29of Statutory Revision; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  This act may be cited as the "Wireless Anti-
34Fraud Act of 2012."
35     Section 2.  Section 501.180, Florida Statutes, is created
36to read:
37     501.180  Commercial mobile radio services; unauthorized,
38misleading, or deceptive charges.-
39     (1)  As used in this section, the term:
40     (a)  "Commercial mobile radio service carrier" or "carrier"
41means a person who provides a commercial mobile radio service as
42defined in 47 C.F.R. s. 20.3 and offers in the state any mobile
43service listed in 47 C.F.R. s. 20.9.
44     (b)  "Primary account holder" means:
45     1.  The party identified in the carrier's account records
46as responsible for payment of charges on the consumer's account;
47     2.  An adult person authorized by such party to incur any
48charge on the consumer's account for third-party applications,
49content, services, or other things; or
50     3.  A person contractually or otherwise lawfully authorized
51to represent such party.
52     (c)  "Third-party application provider" means a person
53other than a carrier who provides or offers applications,
54content, services, or other things, which may include, but are
55not limited to, ringtones, games, or streaming music or video,
56to consumers across the carrier's network.
57     (2)  A commercial mobile radio service carrier may not:
58     (a)  Add any charge to a consumer's account or collect any
59payment from a consumer at the request of or on behalf of a
60third-party application provider that has not been expressly
61authorized by the primary account holder in accordance with
62subsection (3).
63     (b)  Obtain the primary account holder's authorization
64through misleading or deceptive means.
65     (c)  Impose any charge, collect any payment from a
66consumer, or otherwise profit from:
67     1.  Blocking a consumer's account from incurring charges
68from third-party application providers; or
69     2.  Receiving, handling, or processing a consumer's
70complaint or dispute of any charge added to the consumer's
71account at the request of or on behalf of a third-party
72application provider.
73     (3)  A charge is authorized by a consumer, and consequently
74does not violate this section, if, before the carrier adds the
75charge to the consumer's account:
76     (a)  The third-party application provider submits to the
77carrier the first and last names of the consumer who requested
78the charge and the telephone number of the wireless device
79assigned in the carrier's account records to the consumer.
80     (b)  The carrier provides notice to the primary account
81holder that clearly and conspicuously discloses:
82     1.  That the third-party application provider is requesting
83that a charge be added to the consumer's account.
84     2.  A description of the third-party applications, content,
85services, or other things for which the charge is being
86requested.
87     3.  The amount of the requested charge.
88     4.  Whether the requested charge is a one-time or recurring
89charge and, if a recurring charge, the frequency at which the
90recurring charge would be added to the consumer's account.
91     5.  The name and valid telephone number of the third-party
92application provider requesting the charge.
93     (c)  The primary account holder, after receiving notice of
94the requested charge under paragraph (b), submits to the carrier
95his or her express authorization of the charge in one or more of
96the following formats:
97     1.  A written authorization signed by the primary account
98holder.
99     2.  A short message service text message submitted from a
100wireless device assigned in the carrier's account records to the
101primary account holder.
102     3.  An electronic mail message submitted from an e-mail
103address assigned in the carrier's account records to the primary
104account holder.
105     4.  A recorded verbal authorization of the primary account
106holder.
107     (4)  A charge is deemed to be unauthorized and constitutes
108a violation of this section if the carrier does not maintain
109documentation demonstrating compliance with this section for at
110least 4 years.
111     (5)  Upon receipt or notice of a consumer's complaint or
112dispute of any charge that violates this section, the carrier
113shall immediately reverse the charge.
114     (6)  A violation of this section constitutes an unfair and
115deceptive trade practice in violation of part II of this chapter
116and is subject to the penalties and remedies provided therein
117for such a violation, except that any award of damages,
118regardless of the actual amount of damages, must be at least:
119     (a)  One thousand five hundred dollars per violation, if
120the carrier was found to have committed a violation of this
121section within 3 years before the date of the subject violation.
122     (b)  Five hundred dollars per violation, if the carrier was
123not found to have committed a violation of this section within 3
124years before the date of the subject violation.
125
126For purposes of this subsection, each charge added to a
127consumer's account in violation of this section constitutes a
128separate violation.
129     Section 3.  The Division of Statutory Revision of the
130Office of Legislative Services is directed to assign s. 501.180,
131Florida Statutes, as created by this act, to part I of chapter
132501, Florida Statutes.
133     Section 4.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.
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