| 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 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 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 |
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| 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. |