170 IAC 7-1.3-8.1 - Unauthorized switching of telecommunications providers; billing for telecommunications or other services added without customer's consent
Authority: IC 8-1
Affected: IC 8-1-2-4
Sec. 8.1.
(a) The
definitions in
170 IAC 7-1.3-2 apply to this
rule.
(b) No prospective PIC shall
submit to a LEC a PIC change order generated by telemarketing unless the
prospective PIC has first obtained express authorization from the customer. No
prospective LEC shall submit a PLEC change order generated by telemarketing
unless the prospective LEC has first obtained express authorization from the
customer.
(c) The prospective PIC
or prospective LEC shall confirm the express authorization through one (1) of
the following procedures:
(1) The prospective
PIC or prospective LEC shall obtain the customer's written or electronic
authorization in a form that meets the requirements of subsections (e) through
(n).
(2) The prospective PIC or
prospective LEC shall obtain the customer's electronic authorization, placed
from the telephone number or numbers on which the PIC or PLEC is to be changed,
to submit a PIC or PLEC change order. The authorization shall include the
information described in subsection (i). Prospective PICs or prospective LECs
electing to confirm sales electronically shall establish one (1) or more toll
free telephone numbers exclusively for that purpose. A call to the number or
numbers will connect a customer to a voice response unit, or similar mechanism,
that records the required information regarding the PIC or PLEC change,
including automatically recording the automatic number identification
(ANI).
(3) An appropriately
qualified and independent third party shall obtain the customer's oral
authorization to submit the PIC or PLEC change order. The authorization shall
confirm and include appropriate verification data, for example, the customer's
date of birth, mother's maiden name, or Social Security number or part thereof.
The authorization is valid only if the entity that obtained the authorization:
(A) is independent of the prospective PIC or
prospective LEC or the telemarketing representative of the prospective PIC or
prospective LEC;
(B) complies with
this section regarding changes to telecommunications carriers;
(C) has a written policy regarding customer
complaints and abides by that policy;
(D) has a written policy requiring the
maintenance and storage of recorded electronic authorizations for a minimum
period of one (1) year and abides by that policy;
(E) has a written script that it uses when
obtaining verifications, and the script provides clear and unambiguous notice
to the customer:
(i) that the customer is
authorizing a change in PIC or PLEC;
(ii) of the identity of the new PIC or
PLEC;
(iii) of a toll free or local
number of the LEC that the customer can call to verify whether the change has
occurred;
(iv) that, for any one
(1) telephone number:
(AA) only one (1)
prospective PIC may be designated as the subscriber's inter-LATA PIC;
(BB) only one (1) prospective PIC may be
designated as the subscriber's intra-LATA PIC; and
(CC) only one (1) intrastate PLEC may be
designated as the subscriber's PLEC;
(v) that the PIC change will automatically
apply to both inter-LATA and intra-LATA long distance service offerings unless
the customer directs otherwise; and
(vi) that the carrier change can be
effectuated once the verification has been completed in full, even when the
consumer has additional questions for the sales representative after the
verification process;
(F) is in a location that is physically
separate from that of the prospective PIC or prospective LEC or the
telemarketing representative of the prospective PIC or prospective LEC;
and
(G) records the date of
verification at the time of the verification such that it is readily
identifiable by parties that review the verification at a later date.
(d) A PIC or PLEC
change made in violation of any of the requirements of this section is invalid.
A prospective PIC or PLEC must provide all information regarding disputed
carrier changes and services billings to the commission within thirty (30) days
of a commission request for the information.
(e) If the prospective PIC or prospective LEC
utilizes the authorization procedure in subsection (c)(1), the prospective PIC
or LEC shall obtain any necessary written authorization from a subscriber for a
PIC or PLEC change by using an LOA or ELOA as specified in subsections (f)
through (n). Any LOA or ELOA that does not conform to those subsections is
invalid.
(f) The LOA or ELOA shall
be a separate document (or an easily separable document) or located on a
separate screen or webpage containing only the authorizing language described
in subsection (i), whose sole purpose is to authorize a prospective PIC or LEC
to initiate a PIC or PLEC change. The LOA must be signed and dated by the
subscriber to the telephone line or lines requesting the PIC or PLEC change.
The subscriber (or authorized agent in the case of a business customer) whose
name appears on bills for local and interexchange service shall be the only
party authorized to execute an LOA.
(g) The LOA shall not be combined with
inducements of any kind on the same document, screen, or webpage.
(h) Notwithstanding subsections (f) and (g),
the LOA may be combined with checks that contain only the required LOA language
prescribed in subsection (i) and the necessary information to make the check a
negotiable instrument. The LOA check shall not contain any promotional language
or material. The LOA check shall contain, in easily readable, boldface type on
the front of the check, a notice that the consumer is authorizing a PIC or PLEC
change by signing the check. The LOA language shall also be placed near the
signature line on the back of the check.
(i) At a minimum, the LOA must be printed
with a typeface of sufficient size and clarity to be clearly legible and must
contain clear and unambiguous language that confirms:
(1) the subscriber's billing name and address
and each telephone number to be covered by the PIC or PLEC change
order;
(2) the subscriber's
decision to change the PIC or PLEC from the current IXC or LEC to the
prospective IXC or prospective LEC;
(3) that the subscriber designates the
prospective IXC or prospective LEC to act as the subscriber's agent for the PIC
or PLEC change;
(4) that the
subscriber understands that, for any one (1) telephone number:
(A) only one (1) prospective PIC may be
designated as the subscriber's inter-LATA PIC;
(B) only one (1) prospective PIC may be
designated as the subscriber's intra-LATA PIC; and
(C) only one (1) intrastate PLEC may be
designated as the subscriber's intrastate PLEC;
(5) that the subscriber understands that any
change in PIC or PLEC may result in a charge to the subscriber; and
(6) the LEC's toll free or local number that
the customer can call to verify whether the change has occurred.
(j) To the extent a customer
selects separate carriers for inter-LATA, intra-LATA, and LEC services, the LOA
must contain separate statements regarding those choices. Any carrier
designated as a PIC for inter-LATA service must be the carrier directly setting
the inter-LATA service rates for the subscriber. Any carrier designated as a
PIC for intra-LATA services must be the carrier directly setting the intra-LATA
service rates for the subscriber. Any carrier designated as a PLEC must be the
LEC directly setting the local exchange service rates for the subscriber. One
(1) IXC can be both a subscriber's inter-LATA PIC and a subscriber's intra-LATA
PIC.
(k) LOAs shall not suggest or
require that a subscriber take some action in order to retain the subscriber's
current IXC or LEC.
(l) If any
portion of an LOA is translated into a language other than English, then all
portions of the LOA must be translated into that language. Every LOA must be
translated into the same language as any promotional materials, oral
descriptions, or instructions provided with the LOA.
(m) The LOA shall:
(1) provide the toll free telephone number
and mailing address of the consumer affairs division of the commission;
and
(2) inform the customer of his
or her right to file a complaint with that division.
(n) LOAs submitted with an electronically
signed authorization must include the consumer disclosures required by Section
101(c) of the Electronic Signatures in Global and National Commerce Act,
15 U.S.C.
7001(c).
(o) Upon request of the customer, offers to
provide telecommunications interexchange or local exchange services shall be
sent to the customer in written form describing the terms and conditions of
service.
(p) Except for
customer-initiated or one-time use products, such as collect calling services,
optional pay-per-use services (including automatic callback, repeat dialing,
and three-way calling), no PIC or LEC or any billing agent acting for the PIC
or LEC shall bill a customer for any service unless the PIC, LEC, or billing
agent possesses written or electronic documentation that shows:
(1) the name of the customer requesting the
service;
(2) a description of the
service requested by the customer;
(3) the date on which the customer requested
the service;
(4) the means by which
the customer requested the service; and
(5) the name, address, and telephone number
of all sales agents involved.
(q) No PIC, LEC, or billing agent for any PIC
or LEC shall be entitled to any compensation from a customer for services
rendered in violation of this rule.
(r) The customer's local exchange company
shall not disconnect the customer's phone service for nonpayment where the
customer has properly disputed a carrier change or service billing.
(s) A telecommunications carrier shall submit
a preferred carrier change order on behalf of a subscriber within sixty (60)
days of obtaining a written or electronically signed LOA. However, LOAs for
multiline or multilocation, or both, business customers that have entered into
negotiated agreements with carriers to add presubscribed lines to their
business locations during the course of a term agreement shall be valid for the
period specified in the term agreement.
(t) A telecommunications carrier may acquire,
through a sale or transfer, either part or all of another telecommunications
carrier's subscriber base without obtaining each subscriber's express
authorization provided that the acquiring carrier complies with the following
streamlined procedures:
(1) No later than
thirty (30) days before the planned transfer of the affected subscribers from
the selling or transferring carrier to the acquiring carrier, the acquiring
carrier shall file notice with the commission providing:
(A) the names of the parties to the
transaction;
(B) the types of
telecommunication service to be provided to the affected subscribers;
(C) the date of transfer of the subscriber
base to the acquiring carrier; and
(D) certification that the acquiring carrier
shall comply with the requirement to provide advance consumer notice in
accordance with
47 CFR
64.1120(e)(3).
(u) This rule shall
apply only to the extent not preempted by federal law.
Notes
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