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.