(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) within 270 days after October 28, 1992. Such rules shall be prescribed in accordance with section 553 of title 5.
Terms Used In 15 USC 5721
- Commission: means the Federal Trade Commission. See 15 USC 5724
- customer: means any person who acquires or attempts to acquire goods or services in a telephone-billed purchase. See 15 USC 5724
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See 15 USC 5724
Any violation of any rule prescribed under subsection (a) 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.