| (iv) The recording must be dated and include a clear
and conspicuous confirmation that the customer consented to recording
the conversation and authorized the charges for a product or service
on the customer's telephone bill.
(D) Independent Third-Party Verification. Independent
third-party verification of consent must meet the following requirements:
(i) Verification must be given to an independent and
appropriately qualified third party with no participation by a service
provider, except as provided in clause (vii) of this subparagraph.
(ii) Verification must be recorded.
(iii) The recorded conversation with a customer must
contain explicit customer consent to record the conversation, be in
a clear and easy-to-understand manner and must comply with each of
the requirements of paragraphs (1) and (2) of this subsection for
the sole purpose of verifying the customer's consent of the charges
for a product or service on the customer's telephone bill.
(iv) The recording must be clear and audible.
(v) The independent third-party verification must be
conducted in the same language used in the sales transaction.
(vi) Automated systems must provide customers the option
of speaking with a live person at any time during the call.
(vii) A service provider or its sales representative
initiating a three-way call or a call through an automated verification
system must disconnect from the call once a three-way connection with
the third-party verifier has been established unless the service provider
meets the following requirements:
(I) the service provider files a sworn written certification
with the commission that the sales representative is unable to disconnect
from the sales call after initiating third party verification. Such
certification should provide sufficient information describing the
reasons for the inability of the sales agent to disconnect from the
line after the third-party verification is initiated. The service
provider is exempt from this requirement for a period of two years
from the date the certification was filed with the commission;
(II) the service provider seeking to extend its exemption
from this clause must, before the end of the two-year period, and
every two years thereafter, recertify to the commission its continued
inability to comply with this clause.
(III) The independent third party verification must
immediately terminate if the sales agent of an exempt service provider,
in accordance with subclause (I) of this clause, responds to a customer
inquiry, speaks after third party verification has begun, or in any
manner prompts one or more of the customer's responses.
(viii) The independent third party must:
(I) not be owned, managed, directed or directly controlled
by the service provider or the service provider's marketing agent;
(II) not have financial incentive to verify the consent
to charges; and
(III) operate in a location that is physically separate
from the service provider or the service provider's marketing agent.
(ix) The recording must include the entire and actual
conversation with the customer on audio tape, a wave sound file, or
other recording device that is compatible with the commission's equipment.
(x) The recording must be dated and include clear and
conspicuous confirmation that the customer authorized the charges
for a product or service on the customer's telephone bill.
(5) Any other verification method approved by the FCC.
(6) A record of the verification required by subsection
(f) of this section must be maintained by the service provider offering
the product or service for at least 24 months immediately after the
verification was obtained from the customer.
(g) Expiration of consent and verification.
(1) If a customer consents to obtain a product or service
but that product or service is not provided within 60 calendar days
from the date of customer consent:
(A) The customer's consent is null and void, and
(B) Before the charge may appear on the customer's
bill, the service provider must obtain new consent and verification
of that new consent in accordance with this section.
(2) Paragraphs (1)(A) and (B) of this subsection do
not apply to a verification of consent relating to multi-line or multi-location
business customers that have entered into negotiated agreements with
a service provider for a product or service provisioned under, and
during the term of, the agreement. The verified consent must be valid
for the period specified in the agreement.
(h) Unauthorized charges.
(1) Responsibilities of the billing telecommunications
utility for unauthorized charges. If a customer is charged for any
product or service without proper customer verified consent in compliance
with this section, the telecommunications utility that billed the
customer must promptly, but not later than 45 calendar days upon becoming
aware an unauthorized charge meet the following requirements:
(A) A billing telecommunications utility must:
(i) notify the service provider to immediately cease
charging the customer for the unauthorized product or service;
(ii) remove the unauthorized charge from the customer's
bill;
(iii) refund or credit to the customer all money that
has been paid by the customer for any unauthorized charge, and if
any unauthorized charge that has been paid is not refunded or credited
within three billing cycles, must pay interest at an annual rate established
by the commission in accordance with §26.27 of this title (relating
to Bill Payment and Adjustments) on the amount of any unauthorized
charge until it is refunded or credited;
(iv) upon the customer's request, provide the customer
with all billing records under its control related to any unauthorized
charge within 15 working days after the date of the removal from the
customer's telephone bill;
(v) provide the service provider with the date the
customer requested that the unauthorized charge be removed from the
customer's bill and the dates of the actions required by clauses (ii)
and (iii) of this subparagraph, and
(vi) maintain on an ongoing basis, a rolling 24 month
record of every customer who has experienced any unauthorized charge
for a product or service on the customer's telephone bill and has
notified the billing telecommunications utility of the unauthorized
charge. The record must contain for each alleged unauthorized charge:
(I) the name of the service provider that offered the
product or service;
(II) each affected telephone number and address;
(III) the date each customer requested that the billing
telecommunications utility remove the unauthorized charge from the
customer's telephone bill;
(IV) the date the unauthorized charge was removed from
the customer's telephone bill; and
(V) the date the customer was refunded or credited
any money that the customer paid for the unauthorized charges.
(B) A billing telecommunications utility must not:
(i) suspend or disconnect telecommunications service
to any customer for nonpayment of an unauthorized charge; or
(ii) file an unfavorable credit report against a customer
who has not paid charges that the customer has alleged were unauthorized
unless the dispute regarding the unauthorized charges is ultimately
resolved against the customer. The customer must remain obligated
to pay any charges that are not in dispute, and this paragraph does
not apply to those undisputed charges.
(2) Responsibilities of the service provider for unauthorized
charges. The service provider responsible for placing any unauthorized
charge on a customer's telephone bill must:
(A) immediately cease billing upon notice from the
customer or the billing telecommunications utility for a product or
service that a charge for such product or service has not been authorized
by the customer;
(B) for at least 24 months following the completion
of the steps required by paragraph (1)(A) of this subsection, maintain
a record for every disputed charge for a product or service on the
customer's telephone bill. Each record must contain:
(i) each affected telephone number and address;
(ii) the date the customer requested that the billing
telecommunications utility remove the unauthorized charge from the
customer's telephone bill;
(iii) the date the unauthorized charge was removed
from the customer's telephone bill; and
Cont'd... |
