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325E.319

Statute ID: 14951

Wireless Communication Devices - Acquisition for Resale

In Effect

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Statute Number:

325E.319

Enactment Date:

May 14, 2014

Effective Date:

Jul 1, 2014

Expiration Date:

Repealed?:

Summary Text:

Wireless Communication Devices - Acquisition for Resale

Statute ID:

14951

Created:

Jun 10, 2014 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 10, 2014 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

2014 c 241 art2 s 1;

Summary Text:

Wireless Communication Devices - Acquisition for Resale

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/325E/319.html

Legislative Session:

2014 - Regular

Session Law Text?:

Statute text last updated on:

Jun 10, 2014

Subd. 2.   
(a) Every wireless communications device dealer, including an agent, employee, or representative of the dealer, but not an internet marketplace, shall keep a written record at the time of each purchase or acquisition of a used wireless communications device for resale. The record must include the following and may be kept in electronic form:
(1) an accurate account or description of the wireless communications device purchased or acquired;
(2) the date, time, and place or the online platform the wireless communications device was purchased or acquired;
(3) the name and address of the person selling or delivering the wireless communications device;
(4) the number of the check or electronic transfer used to purchase the wireless communications device;
(5) the number of the seller's driver's license, Minnesota identification card number, or other identification number from an identification document issued by any state, federal, or foreign government if the document includes the person's photograph, full name, birth date, and signature; and
(6) a statement signed by the seller, under penalty of perjury as provided in section 609.48, attesting that the wireless communications device is not stolen and is free of any liens or encumbrances and the seller has the right to sell it.
(b) Records required to be maintained under this subdivision shall be retained by the wireless communications device dealer for a period of three years.
(c) The record, as well as the wireless communications device purchased or received, shall at all reasonable times be available for inspection by any law enforcement agency.
(d) No record is required for wireless communications devices purchased from merchants, manufacturers, or wholesale dealers having an established place of business, but a bill of sale or other evidence of open or legitimate purchase of the wireless communications device shall be obtained and kept by the wireless communications device dealer, which must be shown upon demand to any law enforcement agency.
(e) Except as otherwise provided in this section, a wireless communications device dealer or the dealer's agent, employee, or representative may not disclose personal information received pursuant to paragraph (a) concerning a customer without the customer's consent unless the disclosure is made in response to a request from a law enforcement agency. A wireless communications device dealer must implement reasonable safeguards to protect the security of the personal information and prevent unauthorized access to or disclosure of the information. For purposes of this paragraph, "personal information" is any individually identifiable information gathered in connection with a record under paragraph (a).

Subd. 3.   
A wireless communications device dealer, including an agent, employee, or representative of the dealer, shall not:
(1) make any false entry in the records of transactions involving a used wireless communications device;
(2) falsify, obliterate, destroy, or remove from the place of business the records, books, or accounts relating to used wireless communications device transactions;
(3) refuse to allow the appropriate law enforcement agency to inspect records or any used wireless communications device in the dealer's possession during the ordinary hours of business or other times acceptable to both parties;
(4) fail to maintain a record of each used wireless communications device transaction for three years; or
(5) purchase a used wireless communications device from a person under the age of 18 years.

Subd. 4.   
A wireless communications device dealer shall pay for purchases of all used wireless communications devices by check mailed to a specific address or by electronic transfer.

Subd. 6.   
(a) Each wireless communications device dealer shall install and maintain at each physical location video surveillance cameras, still digital cameras, or similar devices positioned to record or photograph a frontal view showing a readily identifiable image of the face of each seller of a wireless communications device who enters the physical location.
(b) The video camera or still digital camera must be kept in operating condition and must be shown upon request to a properly identified law enforcement officer for inspection. The camera must record and display the accurate date and time. The video camera or still digital camera must be turned on at all times when the physical location is open for business and at any other time when wireless communications devices are purchased or sold.
(c) Recordings and images required by paragraph (a) shall be retained by the wireless communications device dealer for a minimum period of 30 days and shall at all reasonable times be open to the inspection of any properly identified law enforcement officer.

Subd. 7.   
A wireless communications device dealer, or the agent, employee, or representative of the wireless communications device dealer, who intentionally violates a provision of this section is guilty of a misdemeanor.