Substitute Senate Bill No. 499
Substitute Senate Bill No. 499
PUBLIC ACT NO. 98-148
AN ACT CONCERNING SLAMMING.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 16-256i of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) AS USED IN THIS SECTION:
(1) "CUSTOMER" MEANS (A) IN THE CASE OF A
RESIDENTIAL CUSTOMER, ANY ADULT WHO IS AUTHORIZED
BY THE INDIVIDUAL IN WHOSE NAME THE LOCAL EXCHANGE
CARRIER HAS ESTABLISHED AN ACCOUNT FOR
TELECOMMUNICATIONS SERVICES TO AUTHORIZE A CHANGE
IN TELECOMMUNICATIONS SERVICES, AND (B) IN THE
CASE OF A BUSINESS CUSTOMER, ANY INDIVIDUAL WHO IS
AUTHORIZED BY THE BUSINESS TO AUTHORIZE A CHANGE
IN TELECOMMUNICATIONS SERVICES;
(2) "TELEMARKETER" MEANS ANY INDIVIDUAL WHO,
BY TELEPHONE, INITIATES THE SALE OF
TELECOMMUNICATIONS SERVICES FOR A
TELECOMMUNICATIONS COMPANY; AND
(3) "TELEMARKETING" MEANS THE ACT OF
SOLICITING BY TELEPHONE THE SALE OF
TELECOMMUNICATIONS SERVICES.
(b) A telecommunications company [, as
defined in section 16-1,] shall not submit a
primary, local or intrastate interexchange carrier
change order to a company providing local exchange
telephone service prior to the order being
confirmed in accordance with the provisions of
Subpart K of Part 64 of Title 47 of the Code of
Federal Regulations, as from time to time amended,
AND THE PROVISIONS OF THIS SECTION, IF APPLICABLE.
(c) A TELECOMMUNICATIONS COMPANY OR ITS
AFFILIATE OR AUTHORIZED REPRESENTATIVE USING
TELEMARKETING TO INITIATE THE SALE OF
TELECOMMUNICATIONS SERVICES SHALL COMPLY WITH THE
FOLLOWING REQUIREMENTS FOR ALL SUCH TELEMARKETING
CALLS: (1) THE TELEMARKETER SHALL IDENTIFY HIMSELF
BY NAME AND IDENTIFY THE TELECOMMUNICATIONS
COMPANY PROVIDING THE PROPOSED SERVICES AND THE
NAME OF THE BUSINESS, FIRM, CORPORATION,
ASSOCIATION, JOINT STOCK ASSOCIATION, TRUST,
PARTNERSHIP, OR LIMITED LIABILITY COMPANY, IF
DIFFERENT FROM THE TELECOMMUNICATIONS COMPANY, FOR
WHOM THE CALL IS MADE; (2) THE TELEMARKETER SHALL
STATE THAT ONLY THE CUSTOMER MAY AUTHORIZE A
CHANGE IN SERVICE; (3) THE TELEMARKETER SHALL
CONFIRM THAT HE IS SPEAKING TO THE CUSTOMER; (4)
THE TELEMARKETER SHALL CLEARLY EXPLAIN THE
PROPOSED SERVICES IN DETAIL AND EXPLAIN THAT AN
AFFIRMATIVE RESPONSE WILL CHANGE THE CUSTOMER'S
TELECOMMUNICATIONS CARRIER; (5) THE TELEMARKETER
SHALL OBTAIN FROM THE CUSTOMER AN AFFIRMATIVE
RESPONSE THAT THE CUSTOMER AGREES TO A CHANGE IN
HIS PRIMARY, LOCAL OR INTRASTATE INTEREXCHANGE
CARRIER; AND (6) THE PRIMARY, LOCAL OR INTRASTATE
INTEREXCHANGE CARRIER CHANGE ORDER OR INDEPENDENT
THIRD PARTY VERIFICATION RECORD SHALL IDENTIFY THE
INDIVIDUAL WITH WHOM THE TELEMARKETER CONFIRMED
THE AUTHORIZATION TO CHANGE THE PRIMARY, LOCAL OR
INTRASTATE INTEREXCHANGE CARRIER.
(d) (1) A TELECOMMUNICATIONS COMPANY OR ITS
AFFILIATE OR AUTHORIZED REPRESENTATIVE USING
TELEMARKETING TO INITIATE THE SALE OF
TELECOMMUNICATIONS SERVICES SHALL (A) PRIOR TO
SUBMITTING A CHANGE IN PRIMARY, LOCAL OR
INTRASTATE INTEREXCHANGE CARRIERS, OBTAIN VERBAL
AUTHORIZATION CONFIRMED BY AN INDEPENDENT THIRD
PARTY OR WRITTEN AUTHORIZATION OF SUCH CHANGE FROM
THE CUSTOMER, AND (B) NOT MORE THAN FOUR BUSINESS
DAYS AFTER OBTAINING NOTIFICATION OR CONFIRMATION
THAT THE CHANGE IN CARRIER HAS BEEN MADE, SEND BY
FIRST CLASS MAIL TO THE CUSTOMER NOTIFICATION THAT
THE CUSTOMER'S PRIMARY, LOCAL OR INTRASTATE
INTEREXCHANGE CARRIER HAS BEEN CHANGED, ALONG WITH
A POSTPAID POSTCARD OR TOLL-FREE NUMBER WHICH THE
CUSTOMER CAN USE TO DENY AUTHORIZATION FOR THE
CHANGE ORDER. IF THE TELECOMMUNICATIONS COMPANY
RECEIVES A POSTCARD OR TELEPHONE CALL AT THE
TOLL-FREE NUMBER PROVIDED IN THE NOTIFICATION
DENYING AUTHORIZATION FOR THE CHANGE, THE COMPANY
SHALL IMMEDIATELY NOTIFY THE CUSTOMER'S PREVIOUS
CARRIER AND SHALL CAUSE THE CUSTOMER'S PRIMARY,
LOCAL OR INTRASTATE INTEREXCHANGE SERVICE TO BE
SWITCHED BACK TO THE CUSTOMER'S PREVIOUS CARRIER
AND SHALL: (i) ADJUST THE AFFECTED CUSTOMER'S BILL
SO THAT THE CUSTOMER PAYS NO MORE THAN THE
CUSTOMER WOULD HAVE PAID HAD HIS CARRIER NOT BEEN
SWITCHED; (ii) PAY THE PREVIOUS CARRIER AN AMOUNT
EQUAL TO ALL CHARGES PAID BY THE CUSTOMER AFTER
THE CHANGE TO THE NEW CARRIER; AND (iii) PAY THE
PREVIOUS CARRIER AN AMOUNT EQUAL TO ALL EXPENSES
ASSESSED BY THE LOCAL EXCHANGE COMPANY FOR
SWITCHING THE CUSTOMER'S PRIMARY, LOCAL OR
INTRASTATE INTEREXCHANGE SERVICE.
(2) IT SHALL BE AN UNFAIR OR DECEPTIVE TRADE
PRACTICE, IN VIOLATION OF CHAPTER 735a, FOR ANY
TELECOMMUNICATIONS COMPANY TO UNREASONABLY DELAY
OR DENY A REQUEST BY A CUSTOMER TO SWITCH A
CUSTOMER'S PRIMARY, LOCAL OR INTRASTATE
INTEREXCHANGE CARRIER BACK TO THE CUSTOMER'S
PREVIOUS CARRIER.
(e) THE DEPARTMENT SHALL ADOPT REGULATIONS IN
ACCORDANCE WITH THE PROVISIONS OF CHAPTER 54 TO
IMPLEMENT THE PROVISIONS IN THIS SECTION.
(f) A telecommunications company, OR ITS
AFFILIATE OR AUTHORIZED REPRESENTATIVE USING
TELEMARKETING TO INITIATE THE SALE OF
TELECOMMUNICATIONS SERVICES, which the department
determines, after notice and opportunity for a
hearing as provided in section 16-41, has failed
to comply with the provisions of this section OR
SECTION 2 OF THIS ACT shall pay to the state a
civil penalty of not more than five thousand
dollars per violation.
Sec. 2. (NEW) All bills for
telecommunications services, whether issued by a
telecommunications company or by a billing
service, shall contain the name of each carrier
providing service as well as a toll-free number
for customer complaints for each such carrier
printed clearly and conspicuously on the portion
of the bill relating to each carrier.
Approved June 4, 1998