Florida Senate - 2012 SB 1308 By Senator Altman 24-01006A-12 20121308__ 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 to 36 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 as 46 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 other 53 than a carrier who provides or offers applications, content, 54 services, or other things, which may include, but are not 55 limited to, ringtones, games, or streaming music or video, to 56 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 consumer, 66 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 a 108 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 the 120 carrier was found to have committed a violation of this section 121 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 Office 130 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.