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

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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

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HB 889

1	A bill to be entitled
2	An act relating to commercial mobile radio services;
3	providing a short title; creating s. 501.180, F.S.;
4	defining terms; prohibiting commercial mobile radio
5	service carriers from adding charges to consumer
6	accounts or collecting charges for third-party
7	application providers that have not been expressly
8	authorized by the primary account holders; prohibiting
9	commercial mobile radio service carriers from
10	obtaining a primary account holder's authorization
11	through misleading or deceptive means or from imposing
12	charges, collecting payments, or otherwise profiting
13	from blocking consumer accounts from incurring charges
14	from third-party application providers or receiving,
15	handling, or processing consumer complaints or
16	disputes; specifying procedures for providing notice
17	to consumers of certain disclosures relating to
18	charges for third-party applications, content,
19	services, and other things and for obtaining the
20	primary account holder's authorization of the charges;
21	requiring commercial mobile radio service carriers to
22	maintain certain documentation; providing procedures
23	for consumer complaints or disputes and the reversal
24	of disputed charges; providing that violations are
25	unfair and deceptive trade practices, which are
26	subject to specified penalties and remedies; requiring
27	a minimum award of damages under certain
28	circumstances; providing a directive to the Division
29	of Statutory Revision; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  This act may be cited as the "Wireless Anti-
34	Fraud Act of 2012."
35	Section 2.  Section 501.180, Florida Statutes, is created
36	to read:
37	501.180  Commercial mobile radio services; unauthorized,
38	misleading, or deceptive charges.-
39	(1)  As used in this section, the term:
40	(a)  "Commercial mobile radio service carrier" or "carrier"
41	means a person who provides a commercial mobile radio service as
42	defined in 47 C.F.R. s. 20.3 and offers in the state any mobile
43	service 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
46	as responsible for payment of charges on the consumer's account;
47	2.  An adult person authorized by such party to incur any
48	charge on the consumer's account for third-party applications,
49	content, services, or other things; or
50	3.  A person contractually or otherwise lawfully authorized
51	to represent such party.
52	(c)  "Third-party application provider" means a person
53	other than a carrier who provides or offers applications,
54	content, services, or other things, which may include, but are
55	not limited to, ringtones, games, or streaming music or video,
56	to 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
59	payment from a consumer at the request of or on behalf of a
60	third-party application provider that has not been expressly
61	authorized by the primary account holder in accordance with
62	subsection (3).
63	(b)  Obtain the primary account holder's authorization
64	through misleading or deceptive means.
65	(c)  Impose any charge, collect any payment from a
66	consumer, or otherwise profit from:
67	1.  Blocking a consumer's account from incurring charges
68	from third-party application providers; or
69	2.  Receiving, handling, or processing a consumer's
70	complaint or dispute of any charge added to the consumer's
71	account at the request of or on behalf of a third-party
72	application provider.
73	(3)  A charge is authorized by a consumer, and consequently
74	does not violate this section, if, before the carrier adds the
75	charge to the consumer's account:
76	(a)  The third-party application provider submits to the
77	carrier the first and last names of the consumer who requested
78	the charge and the telephone number of the wireless device
79	assigned in the carrier's account records to the consumer.
80	(b)  The carrier provides notice to the primary account
81	holder that clearly and conspicuously discloses:
82	1.  That the third-party application provider is requesting
83	that a charge be added to the consumer's account.
84	2.  A description of the third-party applications, content,
85	services, or other things for which the charge is being
86	requested.
87	3.  The amount of the requested charge.
88	4.  Whether the requested charge is a one-time or recurring
89	charge and, if a recurring charge, the frequency at which the
90	recurring charge would be added to the consumer's account.
91	5.  The name and valid telephone number of the third-party
92	application provider requesting the charge.
93	(c)  The primary account holder, after receiving notice of
94	the requested charge under paragraph (b), submits to the carrier
95	his or her express authorization of the charge in one or more of
96	the following formats:
97	1.  A written authorization signed by the primary account
98	holder.
99	2.  A short message service text message submitted from a
100	wireless device assigned in the carrier's account records to the
101	primary account holder.
102	3.  An electronic mail message submitted from an e-mail
103	address assigned in the carrier's account records to the primary
104	account holder.
105	4.  A recorded verbal authorization of the primary account
106	holder.
107	(4)  A charge is deemed to be unauthorized and constitutes
108	a violation of this section if the carrier does not maintain
109	documentation demonstrating compliance with this section for at
110	least 4 years.
111	(5)  Upon receipt or notice of a consumer's complaint or
112	dispute of any charge that violates this section, the carrier
113	shall immediately reverse the charge.
114	(6)  A violation of this section constitutes an unfair and
115	deceptive trade practice in violation of part II of this chapter
116	and is subject to the penalties and remedies provided therein
117	for such a violation, except that any award of damages,
118	regardless of the actual amount of damages, must be at least:
119	(a)  One thousand five hundred dollars per violation, if
120	the carrier was found to have committed a violation of this
121	section within 3 years before the date of the subject violation.
122	(b)  Five hundred dollars per violation, if the carrier was
123	not found to have committed a violation of this section within 3
124	years before the date of the subject violation.
125
126	For purposes of this subsection, each charge added to a
127	consumer's account in violation of this section constitutes a
128	separate violation.
129	Section 3.  The Division of Statutory Revision of the
130	Office of Legislative Services is directed to assign s. 501.180,
131	Florida Statutes, as created by this act, to part I of chapter
132	501, Florida Statutes.
133	Section 4.  This act shall take effect July 1, 2012.

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