LOCKSMITH TASK FORCE Minnesota’s Truth in Advertising Law This law was originally published in another locksmith trade magazine that same year it was enacted. I received only one phone call from another state. Maybe now, locksmiths will get to know their legislators, provide the tools to help them and then — once legislation is passed — use it to hit the scammers where they have been hitting us: their revenue stream. We must remember that our indus- try provides a very valuable service to our communities, friends and neighbors. We owe it to them to protect our busi- nesses so they don’t become victims of the scammers. The following was signed into law by the Minnesota’s governor at the time, Tim Pawlenty, on April 15, 2010 and went into effect August 1, 2010. CHAPTER 235 — H.F.No. 3277 An act relating to commerce; specify- ing that advertising of deceptive local telephone numbers for businesses is a deceptive trade practice; amending Min- nesota Statutes 2008, section 325D.46, by adding a subdivision. 44 KEYNOTES JULY/AUGUST 2018 BE IT ENACTED BY THE LEG- ISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2008, section 325D.46, is amended by adding a subdivision to read: Subd. 3. Deceptive telephone-related directory listings and print advertise- ments. (a) The practices described in this subdivision are practices described in section 325D.44, clauses (2) and (4). (b) For the purposes of this subdi- vision, “business is located within the geographic area,” “geographic location of the business,” or similar terms means that at least one owner or employee of the business regularly performs services on behalf of the business at that location. Renting use of a street address, post of- fice box, or mail-drop does not consti- tute having a business at that location. (c) A person operating a business mis- represents the geographic location of its business in a listing of the business in a telephone directory, other directory as- sistance database, or on the Internet, if the name of the business, or the name under which the business is listed, indicates that the business is located within a geographic area and all of the following apply: (1) the business is not located within the geographic area indicated; (2) the listing fails to identify the actual municipality and state of the business’s geographic location; and (3) telephone calls to the local tele- phone number listed in the telephone directory, directory assistance data- base, or on the Internet routinely are forwarded or transferred to a location that is outside the calling area covered by the telephone directory or direc- tory assistance database in which the number is listed, or outside the local calling area for the local telephone number posted on the Internet. (d) A person operating a business mis- represents the geographic location of the business in print advertisement if a ficti- tious or assumed business name is listed in print advertisement and both of the following apply: (1) the name used misrepresents the geographic location of the business; and (2) a telephone call to the local tele- phone number listed in the print ad- vertisement routinely is forwarded or transferred to a location that is outside the calling area for the local telephone number listed. (e) This subdivision does not limit the application of sections 325D.43 to 325D.48. EFFECTIVE DATE. This section is ef- fective August 1, 2010, and applies to any telephone directory, directory assistance database, Internet Web site, or print ad- vertisement provided, published, or post- ed on or aſter that date. Mike Foty, CPL, ARL, PLT, is the owner of Foty Safe & Lock in Fairmont, MN. WWW.ALOA.ORG
