Oregon Administrative Rules
Chapter 860 - PUBLIC UTILITY COMMISSION
Division 21 - UTILITY REGULATION
Section 860-021-0620 - Customer Notification and Information Delivery Services for Large Telecommunications Utilities
Universal Citation: OR Admin Rules 860-021-0620
Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in this rule:
(a) "Information provider"
means any person, company, or corporation that operates an information delivery
service on a pay-per-call basis;
(b) "Information delivery service" means any
telephone-recorded messages, interactive programs, or other information
services provided for a charge to a caller through an exclusive telephone
number prefix or service access code. When a preexisting written contract
exists between the customer and the information provider, this definition does
not apply.
(2) A large telecommunications utility providing billing services for information providers shall inform customers:
(a) Of the
availability of blocking for information delivery services if and when it is
technically available;
(b) That a
customer's local and long distance service shall not be suspended or terminated
for nonpayment of information delivery service charges;
(c) That any customer who suffers damage from
a violation of ORS 646.608, ORS
646.639, and ORS
759.700 through ORS
759.720 by an information
provider has a cause of action against such information provider and a court
may award the greater of three times the actual damages or $500, order an
injunction or restitution and award attorney fees and court costs to a
prevailing plaintiff;
(d) That when
an information provider has failed to comply with any provision of ORS
646.608, ORS
646.639, and ORS
759.700 through ORS
759.720, any obligation by a
customer that may have arisen from dialing a pay-per-call telephone number is
void and unenforceable;
(e) That
any obligation that may have arisen from the dialing of a pay-per-call
telephone number by an unemancipated child under 18 years of age; or
(f) For a person whose physician
substantiates the following conditions, the obligation is void and
unenforceable:
(A) The person has a mental or
emotional disorder generally recognized in the medical or psychological
community that makes the person incapable of rational judgments and
comprehending the consequences of the persons' action; and
(B) The disorder was diagnosed before the
obligation was incurred; and
(g) Upon written notification to the
information provider or the billing agent for the information provider that a
bill for information delivery services is void and unenforceable under (d),
(e), or (f) of this rule, no further billing or collection activities shall be
undertaken in regard to that obligation.
(3) The notice shall include text prepared by the Commission's Consumer Services Division or prepared by the large telecommunications utility and approved by the Commission. The notice shall be provided in the following manner:
(a) An
annual insert in the billing statements mailed to customers or conspicuous
publication of the notice in the consumer pages of local telephone directories;
and
(b) Including the notice in the
letters setting out the rights and responsibilities of customers sent to all
new customers.
Stat. Auth.: ORS 183, ORS 756 & ORS 759
Stats. Implemented: ORS 759.700 -- ORS 759.720
Disclaimer: These regulations may not be the most recent version. Oregon 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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