Collapse to view only § 5722. Relation to State laws
§ 5721. Regulations
(a) In general
(1) Rules required
(2) Substantial similarity to credit billing
(3) Treatment of rule
(b) Rulemaking schedule and procedure
(c) Enforcement
(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.
(Pub. L. 102–556, title III, § 301, Oct. 28, 1992, 106 Stat. 4191.)
§ 5722. Relation to State laws
(a) State law applicable unless inconsistent
(b) Regulatory exemptions
(Pub. L. 102–556, title III, § 302, Oct. 28, 1992, 106 Stat. 4192.)
§ 5723. Enforcement
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.
(Pub. L. 102–556, title III, § 303, Oct. 28, 1992, 106 Stat. 4192.)
§ 5724. DefinitionsAs 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.
(Pub. L. 102–556, title III, § 304, Oct. 28, 1992, 106 Stat. 4193.)