Minnesota Statutes

Minn. Stat. § 325E.39 (2026)

Telephone Advertising Services

✓ current as of May 2026

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Subdivision 1.Definition.

For purposes of this section, "telephone advertising service" means a service that enables advertisers to make recorded personal or other advertisements available to respondents by means of voice mail or another messaging device accessed by telephone. "Telephone advertising service" does not mean advertisements for telephone services or a newspaper or other medium of mass communication that publishes an advertisement for a telephone advertising service.

Subd. 2.Verification and identification.

A person who operates a telephone advertising service in this state shall:

(1) verify the placement of an advertisement that includes the advertiser's telephone number or other information that enables respondents to identify and communicate directly with the advertiser by calling the listed number or otherwise communicating with the person identified as the advertiser to ensure that the person placed or consented to the placement of the advertisement; and

(2) in any advertising for the telephone advertising service, provide a business mailing address or business telephone number sufficient to enable persons to communicate with the business operation of the service.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1998–2023 · leading case: DeRoche v. All Am. Bottling Corp., 38 F. Supp. 2d 1102 (D. Minnesota 1998).

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DeRoche v. All Am. Bottling Corp., 38 F. Supp. 2d 1102 (D. Minnesota 1998). · cites it 2× “68), the act regulating telephone advertising services (section 325E.39), the prevention of consumer fraud act (sections 325F.”

William Findling v. Grp. Health Plan, Inc., d/b/a Health Partners & Regions Hosp., ... (Minn. 2023). · cites it 40× “Minn. Stat. § 325E.39 (2022). This regulatory statute requires certain information be included in advertisements but does not require a showing of fraud before a violation exists.”

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