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 | |
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. |
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