Current through Register Vol. 18, September 20, 2024
(1) A
telecommunications carrier or other entity that is neither the customer's
selected provider of local exchange service nor selected provider of
interexchange service may not initiate the placement on a customer's
telecommunications bill of charges for services or products except:
(a) When the service is a customer initiated
and controlled selection or approval of a calling method, such as dial-around
or acceptance of a collect call, or a customer initiated and controlled
selection of an available service which will facilitate completing a call, such
as directory assistance or operator assistance, if the charges for such
calling-method and call-facilitation services are assessed on a per-use basis
only and no further obligation of any kind extends to the customer;
(b) When the telecommunications provider or
other entity initiating the placement of charges has obtained the customer's
written or electronic signature authorization in a form that meets the letter
of agency form and content requirements in ARM
38.5.3904;
(c) When the telecommunications provider or
other entity initiating the placement of charges has obtained the customer's
electronic authorization to submit the order for the product or service that
confirms the information described in the letter of agency form and content in
ARM 38.5.3904. Carriers or other entities electing to confirm customer
authorizations electronically shall establish one or more toll-free telephone
numbers exclusively for that purpose. Calls to the number(s) will connect a
customer to a voice response unit, or similar mechanism, that records the
required information regarding the authorization for services or products,
including automatically recording the originating automatic number
identification; or
(d) When a
qualified and independent third party operating in a location physically
separate from the carrier's or other entity's telemarketing representative has
obtained a customer's verbal authorization for the product or service,
providing the third party verification includes:
(i) a statement that the purpose of the call
is to verify the customer's intent to order the product or service. The product
or service and all charges applicable to the product or service must be clearly
identified to the customer;
(ii)
confirmation that the person whose authorization for a product or service is
being verified is the subscriber on the billed telecommunications account or a
person authorized by the subscriber to make decisions regarding the billed
telephone account on behalf of the subscriber;
(iii) verification data unique to the
customer (e.g., the customer's date of birth or social security number);
and
(iv) the name and toll free
telephone number of the provider of the requested product or service.
(2) The independent
third party:
(a) may not be owned, managed,
controlled, or directed by the carrier or other entity or their marketing
agent;
(b) may not have any
financial incentive to confirm product or service orders for the carrier, other
entity, or their marketing agent; and
(c) must operate in a location physically
separate from the carrier, other entity or their marketing agent.
(3) Any letter of agency,
electronic authorization or verbal authorization verified by an independent
third party that does not conform with this rule is invalid. Documentation of
valid verbal authorization must demonstrate compliance with each element
required by (1) (c) above.
(4) The
submitting carrier or other entity shall maintain and preserve records of
verification of subscriber authorization for a minimum period of two years
after obtaining such verification.
(5) Where a telecommunications carrier or
other entity is selling more than one type of product or service, that carrier
or other entity must obtain separate authorization from the subscriber for each
product or service ordered, although the authorizations may be made within the
same solicitation. Each authorization must be verified separately from any
other authorizations obtained in the same solicitation. Each authorization must
be verified in accordance with the verification procedures prescribed in this
rule.
69-3-1301,
69-3-1302,
69-3-1303
and
69-3-1304,
MCA; IMP,
69-3-1301,
69-3-1303
and
69-3-1304,
MCA;
