Oregon Administrative Rules
Chapter 860 - PUBLIC UTILITY COMMISSION
Division 34 - SMALL TELECOMMUNICATIONS UTILITIES AND COOPERATIVES
Section 860-034-0290 - Customer Notification and Information Delivery Services for Small Telecommunications Utilities
Universal Citation: OR Admin Rules 860-034-0290
Current through Register Vol. 63, No. 12, December 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 that are 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 small 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 deliver service charges;
(c) That any customer who suffers damage from
a violation of ORS 646.608,
646.639, and
759.700 through
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,
646.639, and
759.700 through
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
subsections (2)(d), (2)(e), or (2)(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 small 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 information 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, 756 & 759
Stats. Implemented: ORS 756.040 & 759.045
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