-CITE-

15 USC CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE

RESOLUTION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

.

-HEAD-

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

-MISC1-

Sec.

5701. Short title; findings.

(a) Short title.

(b) Findings.

SUBCHAPTER I - REGULATION OF UNFAIR AND DECEPTIVE ACTS AND

PRACTICES IN CONNECTION WITH PAY-PER-CALL SERVICES

5711. Federal Trade Commission regulations.

(a) In general.

(b) Rulemaking.

(c) Enforcement.

5712. Actions by States.

(a) In general.

(b) Notice.

(c) Venue.

(d) Investigatory powers.

(e) Effect on State court proceedings.

(f) Limitation.

(g) Actions by other State officials.

5713. Administration and applicability of subchapter.

(a) In general.

(b) Actions by Commission.

5714. Definitions.

SUBCHAPTER II - BILLING AND COLLECTION

5721. Regulations.

(a) In general.

(b) Rulemaking schedule and procedure.

(c) Enforcement.

(d) Correction of billing errors and correction of

credit reports.

5722. Relation to State laws.

(a) State law applicable unless inconsistent.

(b) Regulatory exemptions.

5723. Enforcement.

5724. Definitions.

-CITE-

15 USC Sec. 5701 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

-HEAD-

Sec. 5701. Short title; findings

-STATUTE-

(a) Short title

This chapter may be cited as the ''Telephone Disclosure and

Dispute Resolution Act''.

(b) Findings

The Congress finds the following:

(1) The use of pay-per-call services, most commonly through the

use of 900 telephone numbers, has grown exponentially in the past

few years into a national, billion-dollar industry as a result of

recent technological innovations. Such services are convenient

to consumers, cost-effective to vendors, and profitable to

communications common carriers.

(2) Many pay-per-call businesses provide valuable information,

increase consumer choices, and stimulate innovative and

responsive services that benefit the public.

(3) The interstate nature of the pay-per-call industry means

that its activities are beyond the reach of individual States and

therefore requires Federal regulatory treatment to protect the

public interest.

(4) The lack of nationally uniform regulatory guidelines has

led to confusion for callers, subscribers, industry participants,

and regulatory agencies as to the rights of callers and the

oversight responsibilities of regulatory authorities, and has

allowed some pay-per-call businesses to engage in practices that

abuse the rights of consumers.

(5) Some interstate pay-per-call businesses have engaged in

practices which are misleading to the consumer, harmful to the

public interest, or contrary to accepted standards of business

practices and thus cause harm to the many reputable businesses

that are serving the public.

(6) Because the consumer most often incurs a financial

obligation as soon as a pay-per-call transaction is completed,

the accuracy and descriptiveness of vendor advertisements become

crucial in avoiding consumer abuse. The obligation for accuracy

should include price-per-call and duration-of-call information,

odds disclosure for lotteries, games, and sweepstakes, and

obligations for obtaining parental consent from callers under 18.

(7) The continued growth of the legitimate pay-per-call

industry is dependent upon consumer confidence that unfair and

deceptive behavior will be effectively curtailed and that

consumers will have adequate rights of redress.

(8) Vendors of telephone-billed goods and services must also

feel confident in their rights and obligations for resolving

billing disputes if they are to use this new marketplace for the

sale of products of more than nominal value.

-SOURCE-

(Pub. L. 102-556, Sec. 1, Oct. 28, 1992, 106 Stat. 4181.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

''this Act'', meaning Pub. L. 102-556, Oct. 28, 1992, 106 Stat.

4181, which enacted this chapter and section 228 of Title 47,

Telegraphs, Telephones, and Radiotelegraphs, amended sections 227

and 302a of Title 47, enacted provisions set out as a note under

section 302a of Title 47, and amended provisions set out as a note

under section 227 of Title 47. For complete classification of this

Act to the Code, see Tables.

-CITE-

15 USC SUBCHAPTER I - REGULATION OF UNFAIR AND DECEPTIVE

ACTS AND PRACTICES IN CONNECTION WITH

PAY-PER-CALL SERVICES 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

SUBCHAPTER I - REGULATION OF UNFAIR AND DECEPTIVE ACTS AND

PRACTICES IN CONNECTION WITH PAY-PER-CALL SERVICES

.

-HEAD-

SUBCHAPTER I - REGULATION OF UNFAIR AND DECEPTIVE ACTS AND

PRACTICES IN CONNECTION WITH PAY-PER-CALL SERVICES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 47 section 228.

-CITE-

15 USC Sec. 5711 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

SUBCHAPTER I - REGULATION OF UNFAIR AND DECEPTIVE ACTS AND

PRACTICES IN CONNECTION WITH PAY-PER-CALL SERVICES

-HEAD-

Sec. 5711. Federal Trade Commission regulations

-STATUTE-

(a) In general

(1) Advertising regulations

The Commission shall prescribe rules in accordance with this

subsection to prohibit unfair and deceptive acts and practices in

any advertisement for pay-per-call services. Such rules shall

require that the person offering such pay-per-call services -

(A) clearly and conspicuously disclose in any advertising the

cost of the use of such telephone number, including the total

cost or the cost per minute and any other fees for that service

and for any other pay-per-call service to which the caller may

be transferred;

(B) in the case of an advertisement which offers a prize or

award or a service or product at no cost or for a reduced cost,

clearly and conspicuously disclose the odds of being able to

receive such prize, award, service, or product at no cost or

reduced cost, or, if such odds are not calculable in advance,

disclose the factors determining such odds;

(C) in the case of an advertisement that promotes a service

that is not operated or expressly authorized by a Federal

agency but that provides information on a Federal program,

include at the beginning of such advertisement a clear

disclosure that the service is not authorized, endorsed, or

approved by any Federal agency;

(D) shall not direct such advertisement at children under the

age of 12, unless such service is a bona fide educational

service;

(E) in the case of advertising directed primarily to

individuals under the age of 18, clearly and conspicuously

state in such advertising that such individual must have the

consent of such individual's parent or legal guardian for the

use of such services;

(F) be prohibited from using advertisements that emit

electronic tones which can automatically dial a pay-per-call

telephone number;

(G) ensure that, whenever the number to be called is shown in

television and print media advertisements, the charges for the

call are clear and conspicuous and (when shown in television

advertisements) displayed for the same duration as that number

is displayed;

(H) in delivering any telephone message soliciting calls to a

pay-per-call service, specify clearly, and at no less than the

audible volume of the solicitation, the total cost and the cost

per minute and any other fees for that service and for any

other pay-per-call service to which the caller may be

transferred; and

(I) not advertise an 800 telephone number, or any other

telephone number advertised or widely understood to be toll

free, from which callers are connected to an access number for

a pay-per-call service.

(2) Pay-per-call service standards

The Commission shall prescribe rules to require that each

provider of pay-per-call services -

(A) include in each pay-per-call message an introductory

disclosure message that -

(i) describes the service being provided;

(ii) specifies clearly and at a reasonably understandable

volume the total cost or the cost per minute and any other

fees for that service and for any other pay-per-call service

to which the caller may be transferred;

(iii) informs the caller that charges for the call begin at

the end of the introductory message;

(iv) informs the caller that parental consent is required

for calls made by children; and

(v) in the case of a pay-per-call service that is not

operated or expressly authorized by a Federal agency but that

provides information on any Federal program, a statement that

clearly states that the service is not authorized, endorsed,

or approved by any Federal agency;

(B) enable the caller to hang up at or before the end of the

introductory message without incurring any charge whatsoever;

(C) not direct such services at children under the age of 12,

unless such service is a bona fide educational service;

(D) stop the assessment of time-based charges immediately

upon disconnection by the caller;

(E) disable any bypass mechanism which allows frequent

callers to avoid listening to the disclosure message described

in subparagraph (A) after the institution of any price increase

and for a period of time sufficient to give such frequent

callers adequate and sufficient notice of the price change;

(F) be prohibited from providing pay-per-call services

through an 800 number or other telephone number advertised or

widely understood to be toll free;

(G) be prohibited from billing consumers in excess of the

amounts described in the introductory message and from billing

for services provided in violation of the rules prescribed by

the Commission pursuant to this section;

(H) ensure that any billing statement for such provider's

charges shall -

(i) display any charges for pay-per-call services in a part

of the consumer's bill that is identified as not being

related to local and long distance telephone charges; and

(ii) for each charge so displayed, specify, at a minimum,

the type of service, the amount of the charge, and the date,

time, and duration of the call;

(I) be liable for refunds to consumers who have been billed

for pay-per-call services pursuant to programs that have been

found to have violated the regulations prescribed pursuant to

this section or subchapter II of this chapter or any other

Federal law; and

(J) comply with such additional standards as the Commission

may prescribe to prevent abusive practices.

(3) Access to information

The Commission shall by rule require a common carrier that

provides telephone services to a provider of pay-per-call

services to make available to the Commission any records and

financial information maintained by such carrier relating to the

arrangements (other than for the provision of local exchange

service) between such carrier and any provider of pay-per-call

services.

(4) Evasions

The rules issued by the Commission under this section shall

include provisions to prohibit unfair or deceptive acts or

practices that evade such rules or undermine the rights provided

to customers under this subchapter, including through the use of

alternative billing or other procedures.

(5) Exemptions

The regulations prescribed by the Commission pursuant to

paragraph (2)(A) may exempt from the requirements of such

paragraph -

(A) calls from frequent callers or regular subscribers using

a bypass mechanism to avoid listening to the disclosure message

required by such regulations, subject to the requirements of

paragraph (2)(E); or

(B) pay-per-call services provided at nominal charges, as

defined by the Commission in such regulations.

(6) Consideration of other rules required

In conducting a proceeding under this section, the Commission

shall consider requiring, by rule or regulation, that providers

of pay-per-call services -

(A) automatically disconnect a call after one full cycle of

the program; and

(B) include a beep tone or other appropriate and clear signal

during a live interactive group program so that callers will be

alerted to the passage of time.

(7) Special rule for infrequent publications

The rules prescribed by the Commission under subparagraphs (A)

and (G) of paragraph (1) may permit, in the case of publications

that are widely distributed, that are printed annually or less

frequently, and that have an established policy of not publishing

specific prices, advertising that in lieu of the cost disclosures

required by such subparagraphs, clearly and conspicuously

disclose that use of the telephone number may result in a

substantial charge.

(8) Treatment of rules

A rule issued under this subsection shall be treated as a rule

issued under section 57a(a)(1)(B) of this title.

(b) Rulemaking

The Commission shall prescribe the rules under subsection (a) of

this section within 270 days after October 28, 1992. Such rules

shall be prescribed in accordance with section 553 of title 5.

(c) Enforcement

Any violation of any rule prescribed under subsection (a) of this

section shall be treated as a violation of a rule respecting unfair

or deceptive acts or practices under section 45 of this title.

Notwithstanding section 45(a)(2) of this title, communications

common carriers shall be subject to the jurisdiction of the

Commission for purposes of this subchapter.

-SOURCE-

(Pub. L. 102-556, title II, Sec. 201, Oct. 28, 1992, 106 Stat.

4187.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5712, 5713, 5714 of this

title.

-CITE-

15 USC Sec. 5712 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

SUBCHAPTER I - REGULATION OF UNFAIR AND DECEPTIVE ACTS AND

PRACTICES IN CONNECTION WITH PAY-PER-CALL SERVICES

-HEAD-

Sec. 5712. Actions by States

-STATUTE-

(a) In general

Whenever an attorney general of any State has reason to believe

that the interests of the residents of that State have been or are

being threatened or adversely affected because any person has

engaged or is engaging in a pattern or practice which violates any

rule of the Commission under section 5711(a) of this title, the

State may bring a civil action on behalf of its residents in an

appropriate district court of the United States to enjoin such

pattern or practice, to enforce compliance with such rule of the

Commission, to obtain damages on behalf of their residents, or to

obtain such further and other relief as the court may deem

appropriate.

(b) Notice

The State shall serve prior written notice of any civil action

under subsection (a) of this section upon the Commission and

provide the Commission with a copy of its complaint, except that if

it is not feasible for the State to provide such prior notice, the

State shall serve such notice immediately upon instituting such

action. Upon receiving a notice respecting a civil action, the

Commission shall have the right (1) to intervene in such action,

(2) upon so intervening, to be heard on all matters arising

therein, and (3) to file petitions for appeal.

(c) Venue

Any civil action brought under this section in a district court

of the United States may be brought in the district wherein the

defendant is found or is an inhabitant or transacts business or

wherein the violation occurred or is occurring, and process in such

cases may be served in any district in which the defendant is an

inhabitant or wherever the defendant may be found.

(d) Investigatory powers

For purposes of bringing any civil action under this section,

nothing in this chapter shall prevent the attorney general from

exercising the powers conferred on the attorney general by the laws

of such State to conduct investigations or to administer oaths or

affirmations or to compel the attendance of witnesses or the

production of documentary and other evidence.

(e) Effect on State court proceedings

Nothing contained in this section shall prohibit an authorized

State official from proceeding in State court on the basis of an

alleged violation of any general civil or criminal antifraud

statute of such State.

(f) Limitation

Whenever the Commission has instituted a civil action for

violation of any rule or regulation under this chapter, no State

may, during the pendency of such action instituted by the

Commission, subsequently institute a civil action against any

defendant named in the Commission's complaint for violation of any

rule as alleged in the Commission's complaint.

(g) Actions by other State officials

(1) Nothing contained in this section shall prohibit an

authorized State official from proceeding in State court on the

basis of an alleged violation of any general civil or criminal

statute of such State.

(2) In addition to actions brought by an attorney general of a

State under subsection (a) of this section, such an action may be

brought by officers of such State who are authorized by the State

to bring actions in such State for protection of consumers and who

are designated by the Commission to bring an action under

subsection (a) of this section against persons that the Commission

has determined have or are engaged in a pattern or practice which

violates a rule of the Commission under section 5711(a) of this

title.

-SOURCE-

(Pub. L. 102-556, title II, Sec. 202, Oct. 28, 1992, 106 Stat.

4190.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (d) and (f), was in the

original ''this Act'', meaning Pub. L. 102-556, Oct. 28, 1992, 106

Stat. 4181, known as the Telephone Disclosure and Dispute

Resolution Act. For complete classification of this Act to the

Code, see References in Text note set out under section 5701 of

this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5713 of this title.

-CITE-

15 USC Sec. 5713 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

SUBCHAPTER I - REGULATION OF UNFAIR AND DECEPTIVE ACTS AND

PRACTICES IN CONNECTION WITH PAY-PER-CALL SERVICES

-HEAD-

Sec. 5713. Administration and applicability of subchapter

-STATUTE-

(a) In general

Except as otherwise provided in section 5712 of this title, this

subchapter shall be enforced by the Commission under the Federal

Trade Commission Act (15 U.S.C. 41 et seq.). Consequently, no

activity which is outside the jurisdiction of that Act shall be

affected by this chapter, except for purposes of this subchapter.

(b) Actions by Commission

The Commission shall prevent any person from violating a rule of

the Commission under section 5711 of this title in the same manner,

by the same means, and with the same jurisdiction, powers, and

duties as though all applicable terms and provisions of the Federal

Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into

and made a part of this subchapter. Any person who violates such

rule shall be subject to the penalties and entitled to the

privileges and immunities provided in the Federal Trade Commission

Act in the same manner, by the same means, and with the same

jurisdiction, power, and duties as though all applicable terms and

provisions of the Federal Trade Commission Act were incorporated

into and made a part of this subchapter.

-SOURCE-

(Pub. L. 102-556, title II, Sec. 203, Oct. 28, 1992, 106 Stat.

4191.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

-CITE-

15 USC Sec. 5714 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

SUBCHAPTER I - REGULATION OF UNFAIR AND DECEPTIVE ACTS AND

PRACTICES IN CONNECTION WITH PAY-PER-CALL SERVICES

-HEAD-

Sec. 5714. Definitions

-STATUTE-

For purposes of this subchapter:

(1) The term ''pay-per-call services'' has the meaning provided

in section 228(i) of title 47, except that the Commission by rule

may, notwithstanding subparagraphs (B) and (C) of section

228(i)(1) of title 47, extend such definition to other similar

services providing audio information or audio entertainment if

the Commission determines that such services are susceptible to

the unfair and deceptive practices that are prohibited by the

rules prescribed pursuant to section 5711(a) of this title.

(2) The term ''attorney general'' means the chief legal officer

of a State.

(3) The term ''State'' means any State of the United States,

the District of Columbia, Puerto Rico, the Northern Mariana

Islands, and any territory or possession of the United States.

(4) The term ''Commission'' means the Federal Trade Commission.

-SOURCE-

(Pub. L. 102-556, title II, Sec. 204, Oct. 28, 1992, 106 Stat.

4191; Pub. L. 104-104, title VII, Sec. 701(b)(1), Feb. 8, 1996, 110

Stat. 147.)

-MISC1-

AMENDMENTS

1996 - Par. (1). Pub. L. 104-104 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: ''The term

'pay-per-call services' has the meaning provided in section 228 of

title 47.''

-CITE-

15 USC SUBCHAPTER II - BILLING AND COLLECTION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

SUBCHAPTER II - BILLING AND COLLECTION

.

-HEAD-

SUBCHAPTER II - BILLING AND COLLECTION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5711 of this title;

title 47 section 228.

-CITE-

15 USC Sec. 5721 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

SUBCHAPTER II - BILLING AND COLLECTION

-HEAD-

Sec. 5721. Regulations

-STATUTE-

(a) In general

(1) Rules required

The Commission shall, in accordance with the requirements of

this section, prescribe rules establishing procedures for the

correction of billing errors with respect to telephone-billed

purchases. The rules prescribed by the Commission shall also

include provisions to prohibit unfair or deceptive acts or

practices that evade such rules or undermine the rights provided

to customers under this subchapter.

(2) Substantial similarity to credit billing

The Commission shall promulgate rules under this section that

impose requirements that are substantially similar to the

requirements imposed, with respect to the resolution of credit

disputes, under the Truth in Lending and Fair Credit Billing Acts

(15 U.S.C. 1601 et seq., 1666 et seq.).

(3) Treatment of rule

A rule issued under paragraph (1) shall be treated as a rule

issued under section 57a(a)(1)(B) of this title.

(b) Rulemaking schedule and procedure

The Commission shall prescribe the rules under subsection (a) of

this section within 270 days after October 28, 1992. Such rules

shall be prescribed in accordance with section 553 of title 5.

(c) Enforcement

Any violation of any rule prescribed under subsection (a) of this

section shall be treated as a violation of a rule under section 45

of this title regarding unfair or deceptive acts or practices.

Notwithstanding section 45(a)(2) of this title, communications

common carriers shall be subject to the jurisdiction of the

Commission for purposes of this subchapter.

(d) Correction of billing errors and correction of credit reports

In prescribing rules under this section, the Commission shall

consider, with respect to telephone-billed purchases, the

following:

(1) The initiation of a billing review by a customer.

(2) Responses by billing entities and providing carriers to the

initiation of a billing review.

(3) Investigations concerning delivery of telephone-billed

purchases.

(4) Limitations upon providing carrier responsibilities,

including limitations on a carrier's responsibility to verify

delivery of audio information or entertainment.

(5) Requirements on actions by billing entities to set aside

charges from a customer's billing statement.

(6) Limitations on collection actions by billing entities and

vendors.

(7) The regulation of credit reports on billing disputes.

(8) The prompt notification of credit to an account.

(9) Rights of customers and telephone common carriers regarding

claims and defenses.

(10) The extent to which the regulations should diverge from

requirements under the Truth in Lending and Fair Credit Billing

Acts (15 U.S.C. 1601 et seq., 1666 et seq.) in order to protect

customers, and in order to be cost effective to billing entities.

-SOURCE-

(Pub. L. 102-556, title III, Sec. 301, Oct. 28, 1992, 106 Stat.

4191.)

-REFTEXT-

REFERENCES IN TEXT

The Truth in Lending Act, referred to in subsecs. (a)(2) and

(d)(10), is title I of Pub. L. 90-321, May 29, 1968, 82 Stat. 146,

as amended, which is classified generally to subchapter I (Sec.

1601 et seq.) of chapter 41 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1601 of this title and Tables.

The Fair Credit Billing Act, referred to in subsecs. (a)(2) and

(d)(10), is title III of Pub. L. 93-495, Oct. 28, 1974, 88 Stat.

1511, which is classified principally to part D (Sec. 1666 et seq.)

of subchapter I of chapter 41 of this title. For complete

classification of this Act to the Code, see Short Title of 1974

Amendment note set out under section 1601 of this title and Tables.

-CITE-

15 USC Sec. 5722 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

SUBCHAPTER II - BILLING AND COLLECTION

-HEAD-

Sec. 5722. Relation to State laws

-STATUTE-

(a) State law applicable unless inconsistent

This subchapter does not annul, alter, or affect, or exempt any

person subject to the provisions of this subchapter from complying

with, the laws of any State with respect to telephone billing

practices, except to the extent that those laws are inconsistent

with any provision of this subchapter, and then only to the extent

of the inconsistency. The Commission is authorized to determine

whether such inconsistencies exist. The Commission may not

determine that any State law is inconsistent with any provision of

this subchapter (FOOTNOTE 1) if the Commission determines that such

law gives greater protection to the consumer.

(FOOTNOTE 1) See References in Text note below.

(b) Regulatory exemptions

The Commission shall by regulation exempt from the requirements

of this subchapter any class of telephone-billed purchase

transactions within any State if it determines that under the law

of that State that class of transactions is subject to requirements

substantially similar to those imposed under this subchapter

(FOOTNOTE 1) or that such law gives greater protection to the

consumer, and that there is adequate provision for enforcement.

-SOURCE-

(Pub. L. 102-556, title III, Sec. 302, Oct. 28, 1992, 106 Stat.

4192.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to the last time in subsecs. (a) and

(b), was in the original ''this chapter'' and was translated as

reading ''this title'' meaning title III of Pub. L. 102-556, to

reflect the probable intent of Congress because Pub. L. 102-556

does not contain chapters.

-CITE-

15 USC Sec. 5723 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

SUBCHAPTER II - BILLING AND COLLECTION

-HEAD-

Sec. 5723. Enforcement

-STATUTE-

The Commission shall enforce the requirements of this

subchapter. For the purpose of the exercise by the Commission of

its functions and powers under the Federal Trade Commission Act (15

U.S.C. 41 et seq.), a violation of any requirement imposed under

this subchapter shall be deemed a violation of a requirement

imposed under that Act. All the functions and powers of the

Commission under that Act are available to the Commission to

enforce compliance by any person with the requirements imposed

under this subchapter, irrespective of whether that person is

engaged in commerce or meets any other jurisdictional tests in that

Act. The Commission may prescribe such regulations as are necessary

or appropriate to implement the provisions of this subchapter.

-SOURCE-

(Pub. L. 102-556, title III, Sec. 303, Oct. 28, 1992, 106 Stat.

4192.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of this title. For complete classification of this Act to the

Code, see section 58 of this title and Tables.

-CITE-

15 USC Sec. 5724 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 83 - TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION

SUBCHAPTER II - BILLING AND COLLECTION

-HEAD-

Sec. 5724. Definitions

-STATUTE-

As used in this subchapter -

(1) The term ''telephone-billed purchase'' means any purchase

that is completed solely as a consequence of the completion of

the call or a subsequent dialing, touch tone entry, or comparable

action of the caller. Such term does not include -

(A) a purchase by a caller pursuant to a preexisting

agreement with the vendor;

(B) local exchange telephone services or interexchange

telephone services or any service that the Federal

Communications Commission determines, by rule -

(i) is closely related to the provision of local exchange

telephone services or interexchange telephone services; and

(ii) is subject to billing dispute resolution procedures

required by Federal or State statute or regulation; or

(C) the purchase of goods or services which is otherwise

subject to billing dispute resolution procedures required by

Federal statute or regulation.

(2) A ''billing error'' consists of any of the following:

(A) A reflection on a billing statement for a

telephone-billed purchase which was not made by the customer

or, if made, was not in the amount reflected on such statement.

(B) A reflection on a billing statement of a telephone-billed

purchase for which the customer requests additional

clarification, including documentary evidence thereof.

(C) A reflection on a billing statement of a telephone-billed

purchase that was not accepted by the customer or not provided

to the customer in accordance with the stated terms of the

transaction.

(D) A reflection on a billing statement of a telephone-billed

purchase for a call made to an 800 or other toll free telephone

number.

(E) The failure to reflect properly on a billing statement a

payment made by the customer or a credit issued to the customer

with respect to a telephone-billed purchase.

(F) A computation error or similar error of an accounting

nature on a statement.

(G) Failure to transmit the billing statement to the last

known address of the customer, unless that address was

furnished less than twenty days before the end of the billing

cycle for which the statement is required.

(H) Any other error described in regulations prescribed by

the Commission pursuant to section 553 of title 5.

(3) The term ''Commission'' means the Federal Trade Commission.

(4) The term ''providing carrier'' means a local exchange or

interexchange common carrier providing telephone services (other

than local exchange services) to a vendor for a telephone-billed

purchase that is the subject of a billing error complaint.

(5) The term ''vendor'' means any person who, through the use

of the telephone, offers goods or services for a telephone-billed

purchase.

(6) The term ''customer'' means any person who acquires or

attempts to acquire goods or services in a telephone-billed

purchase.

-SOURCE-

(Pub. L. 102-556, title III, Sec. 304, Oct. 28, 1992, 106 Stat.

4193.)

-CITE-