New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 8 - PREPAID CALLING CARDS
Section 13:45A-8.3 - Disclosure requirements
Universal Citation: NJ Admin Code 13:45A-8.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following standards and requirements for consumer disclosure and services shall apply to the advertising and sale of prepaid calling cards and prepaid calling services:
1. Any advertisement of the price,
rate or unit value in connection with the sale of prepaid calling cards or
services shall include a disclosure of any geographic, area code or exchange
limitation to the advertised price, rate or unit value, as well as a disclosure
of any additional surcharges, call setup charges or fees applicable to the
advertised price, rate or unit value;
2. The person responsible for issuing a card,
whether it be the provider or distributor, or both, shall cause the following
information to be conspicuously printed on the card or, if the rights to use
the service are not embodied in a card or other physical object, the
information shall be furnished as provided in (a)3 below:
i. The name of the provider and, if
applicable, the distributor issuing the card;
ii. A toll-free customer service number and
notice that at that number the user can obtain the number of minutes remaining
on the card for a call to a particular destination number;
iii. A network access number, if available,
to access service and the charge, if any, for use of that number;
iv. The authorization code or PIN, if
required to access service, which shall be concealed by opaque security film
with a scratch layer, or other means, until uncovered by the user;
v. The expiration date, if any, which shall
be a fixed date, or the expiration period, which shall be a specified period
measured from first use of the card;
vi. If applicable, that the card or service
is subject to maintenance and other fees and charges;
vii. Instructions on how to use the card;
and
viii. Instructions on how to
obtain complete information about the use of the card, including fees and
charges for, and any restrictions or limitations on the use of, the
card;
3. The person
responsible for the packaging of a card, whether it be the provider or
distributor, or both, shall cause the following information to be conspicuously
printed on the packaging, if any, or on a clear and conspicuous poster or other
writing in plain language at the point of sale, and through the customer
service number, a web site or other electronic medium, the following
information:
i. The name of the provider and,
if applicable, the distributor issuing the card;
ii. The value of the card or service, in
dollars or minutes;
iii. The amount
and frequency of any permitted fee that may be applicable to the use of the
card or service for calls originating within the United States;
iv. Notice that additional per minute rates
or charges, including surcharges, taxes or fees, including monthly or other
periodic fees, maintenance fees, per-call access, connection fees or
disconnection fees, may apply to use of the card or the service for calls to or
from international telephone numbers, indicating the applicable respective
amounts and which such rates or charges, if any, are assessed on a call prior
to the dialing of a destination number;
v. If advertising for a card identifies one
or more regions, countries, cities or other destinations that may be called by
using the card the rates for calls made to the destination or destinations
advertised for the card or, in lieu of disclosing each rate, the highest rate
for any calls to the destinations advertised for that card;
vi. Notice that additional or different per
minute rates, charges or fees may apply to calls made to or from international
cellular and international wireless telephone numbers;
vii. Where a toll-free number is not the
exclusive access number, notice that per minute rates may be higher, or a
surcharge may be imposed, for calls made via toll-free numbers;
viii. Notice that a pay phone surcharge may
be imposed or that the per minute rate may be higher on a call made from a pay
phone;
ix. The minimum charge per
call, if any;
x. The definition of
the term "unit," if applicable;
xi.
The billing decrement and monetary rounding policies as provided in
13:45A-8.8;
xii. The recharge policy, if any;
xiii. The refund policy, if any;
and
xiv. The expiration policy, if
any;
4. The person
responsible for advertisements that are not at the point of sale or on a
website or other electronic medium shall cause the following information to be
disclosed in such advertising:
i. The name of
the provider or distributor issuing the card;
ii. A toll-free customer service number and
notice that at that number the user can obtain complete information about the
use of the card, including fees and charges, any restrictions or limitations on
the use of the card and the number of minutes remaining on the card for a call
to a particular destination number; and
iii. The expiration policy, if any;
5. The value of the card and the
amount of the various charges, however denominated, that are required to be
disclosed by (a)2 and 3 above, shall be expressed in the same format. That is,
if the value of a card is expressed in minutes, all charges shall be expressed
in minutes based on calls from New Jersey to the advertised destination. If the
value of the card is expressed in dollars, all charges shall be expressed in
dollars;
6. Any claims made in the
information required by (a)3 above regarding the number of minutes available to
one or more destinations shall contain an explanation as to how the maximum
number of minutes was determined. Such number of minutes shall be available to
the consumer under the conditions stated;
7. Where any rates or claims listing the
maximum number of minutes available to one or more particular destinations are
made in the information required by (a)3 above that is furnished in writing,
and such rates or claims are subject to change, the provider or distributor
shall include in such written information, the fact that rates are subject to
change, the date the written information was printed, the date through which
the rates or claims are in effect, if applicable, and how the consumer can
contact the provider to determine current rates and terms of service;
8. Where any rates or claims listing the
maximum number of minutes available to one or more particular destinations are
made in the information required by (a)3 above that is furnished through the
customer service number, a web site or other electronic medium, the rates or
minutes shall be those in effect when the information is furnished;
and
9. If a language other than
English is predominantly used on a prepaid calling card or its packaging, or in
point-of-sale advertising or promotion for the prepaid calling card or prepaid
calling service, the information required by (a)3 above shall also be disclosed
in that language on the card, packaging, advertisement or promotion.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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