Text: SSB03138 Text: SSB03140 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 537.1107, Code 2003, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 5. Notwithstanding subsection 1, a
1 4 consumer may waive the right to participate in a class action
1 5 lawsuit as part of an agreement to arbitrate in a contract for
1 6 wireless communications service as defined in section 34A.7A,
1 7 subsection 4, provided that the arbitration agreement is not
1 8 unconscionable and is otherwise enforceable.
1 9 Sec. 2. Section 537.3310, Code 2003, is amended by adding
1 10 the following new subsection:
1 11 NEW SUBSECTION. 6. Notwithstanding the provisions of this
1 12 section and section 537.3402, a contract for wireless
1 13 communications service as defined in section 34A.7A,
1 14 subsection 4, may provide for a charge for the consumer's
1 15 default of the contract if the charge does not exceed one
1 16 hundred fifty dollars and all of the following conditions are
1 17 satisfied:
1 18 a. All terms and conditions relating to the consumer's
1 19 potential liability for the additional charge are set forth
1 20 clearly and conspicuously in the contract.
1 21 b. The wireless communications service provider has
1 22 materially complied with the terms of the contract and has not
1 23 otherwise violated applicable law to the consumer's detriment
1 24 prior to the consumer's default.
1 25 c. The contract does not exceed twenty-four months in
1 26 length.
1 27 EXPLANATION
1 28 This bill relates to wireless communications service
1 29 contracts by permitting a waiver to class action participation
1 30 and by permitting the assessment of a charge on consumers in
1 31 default. Notwithstanding a requirement prohibiting a consumer
1 32 from waiving a right granted under Code chapter 537, commonly
1 33 called the consumer credit code, the bill permits a consumer
1 34 to waive a right to participate in a class action lawsuit
1 35 pursuant to an agreement to arbitrate in a contract for
2 1 wireless communications services.
2 2 The bill provides that a wireless communications service
2 3 contract may provide for a charge of up to $150 against a
2 4 consumer who is in default of the contract if the terms and
2 5 conditions relating to the assessment of the charge are
2 6 clearly and conspicuously stated in the contract and if the
2 7 wireless provider has materially complied with the terms of
2 8 the contract and the contract is not for a longer term than 24
2 9 months.
2 10 LSB 6602SC 80
2 11 kk/gg/14
Text: SSB03138 Text: SSB03140 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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