Current through September 24, 2024
(1) Definitions
(a) "Authority" refers to the Tennessee
Regulatory Authority
(b)
"Authorized individual" means a person authorized to make billing and service
decisions regarding a telephone account. A person under the age of eighteen
(18) does not qualify as an "authorized individual" unless they are the person
responsible for the telephone bill.
(c) "CLEC" refers to a competitive local
exchange carrier.
(d) "Cramming" is
the submission or inclusion of unauthorized, misleading, or deceptive charges
for products or services on a subscriber's local telephone bill.
(e) "ILEC" refers to an incumbent local
exchange carrier.
(f) "LPIC" means
a subscriber's preferred intraLATA carrier.
(g) "PIC" means a subscriber's preferred
interLATA carrier.
(h) "Submitting
carrier" means a telecommunications service provider, including but not limited
to a LEC, ILEC, CLEC, CTSP, IXC, and reseller, that submits to a subscriber's
primary local exchange carrier a charge for inclusion on the subscriber's
telephone bill.
(i) "Third Party
Service Provider" refers to a company other than the subscriber's local and/or
PIC or LPIC provider that bills a subscriber for services on their telephone
bill.
(2) No
telecommunications service provider, as defined in Tenn. Code Ann. §
65-4-101(c),
authorized to do business in Tennessee by the Authority shall cause a charge
for its services or that of another service provider to be placed on a
subscriber's telephone bill unless the following procedures are followed:
(a) Telecommunications service providers
and/or billing agents may not bill for services provided by submitting carriers
that lack any required certification by the Authority to do business in
Tennessee. Obtaining a copy of the submitting carrier's certification order
issued by the Authority shall constitute compliance with this rule.
(b) Charges on telephone bills shall have
sufficient detail and explanation to allow a subscriber to understand the
charge's purpose and origin. Lists of fees such as "service fee," "membership,"
"miscellaneous," and "calling plan" are deemed insufficient detail and are not
permitted. The charge should, at a minimum, describe the service, the date the
service was provided to the subscriber, the name of the service provider and a
toll-free number of the service provider.
(c) A toll-free number shall be listed on the
telephone bill of the company billing the charge so that subscribers can
inquire about the nature of the charge. This toll-free number shall be answered
weekdays from 8:00 AM to 5:00 PM local time.
(d) Upon request by the subscriber, the
submitting carrier shall provide the name of the authorized individual who
approved the charge and the date of the approval. Failure to supply this
information to the subscriber within three (3) business days from the initial
request shall be sufficient grounds to waive disputed charges.
(e) Intrastate and interstate charges shall
be listed on the subscriber's telephone bill within three (3) billing cycles
after the service was provided. International charges shall be listed on the
subscriber's telephone bill within four (4) billing cycles.
(f) Authorization for the placing of such
charges for services on a customer's telephone bill shall not be combined with
inducements of any kind involving the element of chance on the same
document.
(g) Telecommunications
service providers shall place a statement on the subscriber's telephone bill
indicating that non-payment of disputed third party charges will not result in
the disconnection of local service.
(h) Telecommunications service providers
shall fully comply with Tenn. Code Ann. §
47-18-1526, 47 CFR § 64 and
16 CFR § 310 regarding maintaining lists of persons who do not wish to
receive telephone solicitations by or on behalf of persons or entities which
are commonly referred to as "don't call lists." It shall be a separate
violation of this Rule Chapter for the purpose of a fine to fail to place a
subscriber on a "don't call list" or to call a customer that is on such a list
in full conformity with appropriate state and federal laws, regulations or
rules.
(i) Telecommunications
service providers shall comply with Tenn. Code Ann. §§
47-18-1526(c)(1), (2)(A) and
(B) as amended in Public Acts 1998, Chapter
734, which prohibits placing telephone calls to a consumer from a telephone
number if the telephone number of the caller is unlisted or if the telephone
solicitor or verifier is using telephone equipment which blocks the caller ID
function on telephone equipment.
(3) No telecommunications service provider
may submit charges for telecommunications services to be included on a
subscriber's telephone bill without first having obtained the prior consent of
an authorized individual for such charges to appear on the telephone bill.
Casual billing, including but not limited to collect calls, third party calls
and calls to a carrier's toll access number, is exempt from the provisions of
this subsection. Telecommunications service providers may not use the following
practices to obtain the subscriber's consent:
(a) Misleading, deceptive, or unfair
marketing acts or practices.
(b)
The entry to a contest or the awarding of a prize or other similar enticements
involving an element of chance.
(4) Telecommunications service providers are
required to offer their customers a service that blocks the placing of monthly
recurring charges on telephone bills by third party service providers. This
blocking service will give the subscriber the ability to better prevent
unauthorized charges appearing on his or her telephone bill by not allowing
third party service providers the ability to place monthly recurring charges on
the customer's bill without proper verification. Authorized casual billing of
toll calls such as collect, third party and calls to a carrier's toll access
number as well as authorized charges for directory advertising are excluded
from this blocking service. The method of verifying charges for customers with
the third party bill block service is described below:
(a) The third party service provider shall
not submit charges to a subscriber's ILEC/CLEC without first obtaining a letter
of authorization ("LOA") from an authorized individual for the telephone
account. The LOA shall include the name and address of the company providing
the service, a description of the service, an itemization of the cost including
whether the charge is one-time or a recurring fee, and a statement confirming
that the person signing up for the service is an authorized individual for the
telephone service.
(b) The LOA
shall not be combined with inducements of any kind on the same
document.
(c) A copy of the LOA
must be provided to the telecommunications service provider, if requested, as
authority from the customer to place a monthly recurring charge on his or her
telephone bill.
(d) ILECs/CLECs
will not remove a third party service provider block without first calling the
subscriber and obtaining his or her verbal approval.
(5) Telecommunications service providers are
required to file tariffs with the Authority describing the third party service
provider block service and the procedures to remove the blocking service within
one hundred eighty (180) days of the effective date of this Rule Chapter.
Requests for additional time to file a tariff for this blocking service must be
filed with the Authority within the one hundred eighty (180) days mentioned
above. Such requests shall contain an explanation of why the telecommunications
service provider cannot provide the third party service provider blocking
service.
(6) Any subscriber to
telecommunications services in the State of Tennessee who wishes to file a
complaint involving an allegation of cramming against a telecommunications
service provider, or a person acting on behalf of a telecommunications service
provider, pursuant to Tenn. Code Ann. §
65-4-125 and the provisions of
this rule chapter, may do so in the manner set forth below:
(a) The following procedures shall be
followed with respect to subscriber complaints:
1. A complaint must follow substantially the
form of complaint as provided by the Authority, and must include such
information, as required by that form, as necessary for the processing of the
complaint, including, without limitation, whether the telecommunications
service provider has been contacted and the results of any such
contact.
2. On the receipt by the
Authority of any complaint, or inquiry, which appears to involve cramming, the
complaint or inquiry shall be referred to the Consumer Services
Division.
3. If the complaint is
filed on, or substantially in compliance with, the approved form, the Consumer
Services Division will contact the person filing the complaint ("Complainant")
to verify the facts alleged, and to obtain any further information deemed
necessary for the processing of the complaint.
4. If the complaint or inquiry is not filed
on the approved form, the Consumer Services Division will contact the
Complainant, to determine if that person wishes to proceed with a complaint,
and, if so, to determine and verify, such information as may be necessary for
the processing of the complaint, which information shall be included in the
complaint.
5. If the Consumer
Services Division determines that the complaint is without merit on its face,
the Consumer Services Division will so advise the person making the complaint,
and will further advise such person that he or she has the right to file a
formal complaint with the Authority under the general procedures for the filing
of complaints.
6. If the Consumer
Services Division determines that the complaint is in proper form for
processing, and is not without merit on its face, the Consumer Services
Division will serve a copy thereof, by e-mail, facsimile, by personal delivery,
or by regular mail, on the telecommunications service provider, or other
person, who is alleged to have violated Tenn. Code Ann. §
65-4-125(b).
7. Within ten (10) days after service of the
complaint (three (3) additional days from the date of mailing, if service is by
mail) or within such further time as may be allowed by the Consumer Services
Division on the request of the Respondent, the telecommunications service
provider, or other person served, shall file a written response with the
Consumer Services Division admitting or denying the factual allegations of the
complaint, and including defenses based on any issues of law, and providing
such other information, justification or argument as the Respondent may deem
appropriate. A copy of that response will be served on the
Complainant.
8. Promptly after the
receipt of that response, the Consumer Services Division will determine if
further information is necessary, and, if so, shall endeavor to obtain it; and
will attempt to adjust the complaint to the satisfaction of both
parties.
9. If the parties agree to
a resolution of the matter, written evidence of that resolution shall be placed
in the file of the Consumer Services Division and the matter will be
closed.
10. If the Respondent fails
to file a timely response to the complaint, the factual allegations thereof
shall be deemed to have been admitted.
11. If the Respondent fails to file a timely
response, or if the parties fail to agree to a resolution of the matter, the
Consumer Services Division shall certify the matter to the Authority, with
recommendations in the premises. Any such certification shall identify the
issues raised by the parties and shall include a computation of the amounts
which may be due to the Complainant.
12. The Authority shall consider the matter
as certified by the Consumer Services Division in an open meeting; and shall
determine whether the matter involves only legal issues or involves contested
issues of fact. If the matter involves only legal issues the Authority shall
set a briefing schedule and may set the matter for oral argument. If the matter
involves contested issues of fact, the Authority may either convene a contested
case and follow contested case procedures for its determination; or the
Authority, on the basis of the investigation made by the Consumer Services
Division, may issue a show cause order pursuant to Tenn. Code Ann. §
65-2-106.
13. The Authority may, however, in its
discretion entertain and decide any subscriber complaints itself, without
referring the matter to the Consumer Services Division, under the general
procedures provided for the disposition of complaints, including, without
limitation, the issuance of a show cause order pursuant to Tenn. Code Ann.
§
65-2-106.
(b) A telecommunications service provider, or
person acting on behalf of a telecommunications service provider, who is found
by the Authority to have violated Tenn. Code Ann. §
65-4-125(a), or
any provision of Rule 1220-4-2-.56 shall:
1.
Be subject to the imposition of the civil penalty provided in Tenn. Code Ann.
§
65-4-125(f), as
the Authority may determine;
2.
Provide upon request of the subscriber's previous carrier, all billing records
to the original telecommunications service provider that are related to the
unauthorized provision of service to the customer within forty-five (45) days
of the subscriber's request to return the customer to the original
telecommunications service provider.
3. Pay the original telecommunications
service provider any amount paid to it by the subscriber that would have been
paid to the original telecommunications service provider if the unauthorized
switch had not occurred, within thirty (30) days of the subscriber's request to
return the subscriber to the original telecommunications service provider. If
the unauthorized carrier has already made payments to the subscriber's original
carrier pursuant to any federal laws or regulations, the payment under this
rule shall be reduced by the amount already paid pursuant to such federal laws
and regulations.
4. Be required to
pay to the subscriber wronged by such violation any amount which the Authority
is authorized by law to require to be paid.
(c) In addition to the remedies provided by
this rule to subscribers, the Authority may, on its own motion, or on the
recommendation of the Consumer Services Division, or on the motion of the
Consumer Advocate Division or any other interested person, order the
investigation of the practices of any telecommunications service provider, or
persons acting on behalf of a telecommunications service provider, to determine
if such telecommunications service provider, or person acting on behalf of any
telecommunications service provider, has followed a pattern of continued
violation of Tenn. Code Ann. §
65-4-125(b), or
of Rule 1220-4-2-.58; and if such investigation discloses such a pattern of
continued violation, the Authority shall issue a show cause order with respect
to such acts pursuant to Tenn. Code Ann. §
65-2-106.
(7) Telecommunications service providers
shall maintain a list of subscriber complaints by service provider concerning
disputed billings for services for twenty-four (24) months and shall provide
this list and any other information required by the Authority upon request.
This information shall be submitted to the Authority within twenty (20) days
unless the request for additional time is approved by the Authority. The list
shall include the following information:
(a)
the name, address, and telephone number of the subscriber;
(b) the name of the service provider and the
amount charged to the subscriber, and a description of the disputed
charge;
(c) the date the complaint
was filed and the date the complaint was resolved; and
(d) a brief summary how the complaint was
resolved including any adjustment awarded to the subscriber.
(8) Telecommunications service
providers are required to notify the Authority's Consumer Services Division of
third party service providers that receive greater than fifty (50) subscriber
complaints within one month.
(9)
Telecommunications service providers are required to provide, without charge,
blocking services to their subscribers that will prevent calls to 900 number
companies and international numbers. ILECs/CLECs are required to file
appropriate tariffs for these services with the Authority within 90 days of the
effective date of this rule chapter.
(10) Telecommunications service providers
shall inform their subscribers twice a year of their third party, 900 and
international blocking services and how to subscribe to the services. This
notification can accompany the subscriber's telephone bill.
(11) Each telecommunications service provider
is required to itemize the charges for its services it submits for inclusion on
an subscriber's telephone bill at least twice a year, or upon the request of
the subscriber, but not more frequently than once a month.
(12) Nothing in this rule chapter shall be
construed to permit a telecommunications service provider, third party service
provider or their agents to violate any state or federal law, regulation or
rule.
(13) This rule chapter is to
be liberally construed for the protection of consumers of the State of
Tennessee and is remedial in nature.
(14) Any telecommunications service provider
that may have a civil penalty assessed against it by the Authority for failure
to comply with Tenn. Code Ann. §
65-4-125 or any provisions of this
rule, may still be subject to other civil or criminal remedies or penalties
available under state or federal law including, but not limited to, the
Tennessee Consumer Protection Act.
(15) The provisions of this chapter shall not
be construed to exceed the jurisdiction according to the Tennessee Regulatory
Authority under state and federal law.
(16) If one or more of the term(s) or
provision(s) of this rule chapter or the application thereof, to any extent,
are held to be invalid or unenforceable, then the remainder of this rule
chapter, shall not be affected thereby.
Authority: T.C.A. §§
4-5-201 et. seq., 65-2-102,
65-2-106, 65-4-101, 65-4-104, 65-4-123, 65-4-125, and 47 U.S.C. §
258.
