Legal Definitions - Minnesota

Minnesota refers to specific state laws enacted in Minnesota that regulate various forms of unsolicited commercial communications, often referred to as spam or telemarketing. These laws aim to protect consumers from unwanted or deceptive advertisements sent via email, telephone, or fax.

• Commercial Email and Spam:

  Minnesota law prohibits commercial email messages that contain false or misleading information. Additionally, while Minnesota previously required sexually explicit commercial emails to include "ADV-ADULT" in their subject lines, this specific state requirement is largely superseded by federal law, specifically the CAN-SPAM Act of 2003, which has its own rules for such content.

  • Example 1 (False or Misleading Email): A company sends an email with the subject line "Congratulations! You've Won a Brand New Car!" but upon opening, the email reveals that the recipient must purchase an expensive service package to be eligible for a drawing to win a car. This would likely violate Minnesota's prohibition against false or misleading commercial emails because the subject line creates a deceptive impression of an immediate win.

  • Example 2 (Historical "ADV-ADULT" Context): In the early 2000s, an online retailer selling adult novelty items would have been required by Minnesota law to include "ADV-ADULT" in the subject line of any promotional emails sent to Minnesota residents. However, after the federal CAN-SPAM Act became effective, the federal rules for labeling sexually explicit emails generally took precedence over this state-specific requirement.

• Telemarketing and Telephonic Anti-Solicitation:

  While Minnesota previously maintained its own "Do Not Call" list for residents who wished to avoid telemarketing calls, this state-specific list expired in 2012. However, Minnesota law continues to impose significant restrictions on the use of automated dialing systems (often called robocalls) for telemarketing purposes.

  • Example 1 (Automated Telemarketing Restriction): A credit card company uses an automated system to dial thousands of phone numbers and play a pre-recorded message offering new credit card applications, without a live operator ever speaking to the recipient. This practice would likely be restricted under Minnesota law due to its limitations on automated telemarketing devices.

  • Example 2 (Automated Telemarketing Restriction): A home security company sets up a system that automatically calls potential customers and, when someone answers, plays a recorded pitch for their services. Even if the call eventually transfers to a live agent, the initial automated dialing and message delivery could fall under Minnesota's restrictions on automated telemarketing.

• Faxes, Texts, and Other Media Anti-Solicitation (Junk Fax Law):

  Minnesota has a "Junk Fax Law" that generally prohibits sending unsolicited advertisements via fax machine. An exception exists if the sender includes a clear, toll-free number and an address within the advertisement itself, allowing the recipient to "opt out" or request to stop receiving future fax advertisements.

  • Example 1 (Junk Fax Violation): A new local gym faxes hundreds of promotional flyers to businesses in the area, advertising its grand opening and special membership rates, without obtaining prior consent from the recipients or providing any way for them to stop receiving faxes. This would likely violate Minnesota's Junk Fax Law.

  • Example 2 (Junk Fax Compliance): A stationery supply company faxes a flyer to its existing business clients, announcing a new product line. At the bottom of the fax, in clear text, it states: "To discontinue receiving faxes from us, please call our toll-free number at 1-800-XXX-XXXX or mail your request to [Company Address]." This inclusion of a clear opt-out mechanism would allow the fax to comply with Minnesota's law.