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Current as of January 01, 2024 | Updated by Findlaw Staff
(a)In general
(1)Rules required
The Commission shall, in accordance with the requirements of this section, prescribe rules establishing procedures for the correction of billing errors with respect to telephone-billed purchases. The rules prescribed by the Commission shall also include provisions to prohibit unfair or deceptive acts or practices that evade such rules or undermine the rights provided to customers under this subchapter.
(2)Substantial similarity to credit billing
The Commission shall promulgate rules under this section that impose requirements that are substantially similar to the requirements imposed, with respect to the resolution of credit disputes, under the Truth in Lending and Fair Credit Billing Acts.
(3)Treatment of rule
A rule issued under paragraph (1) shall be treated as a rule issued under section 57a(a)(1)(B) of this title.
(b)Rulemaking schedule and procedure
The Commission shall prescribe the rules under subsection (a) within 270 days after October 28, 1992. Such rules shall be prescribed in accordance with section 553 of Title 5.
(c)Enforcement
Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule under section 45 of this title regarding unfair or deceptive acts or practices. Notwithstanding section 45(a)(2) of this title, communications common carriers shall be subject to the jurisdiction of the Commission for purposes of this subchapter.
(d)Correction of billing errors and correction of credit reports
In prescribing rules under this section, the Commission shall consider, with respect to telephone-billed purchases, the following:
(1) The initiation of a billing review by a customer.
(2) Responses by billing entities and providing carriers to the initiation of a billing review.
(3) Investigations concerning delivery of telephone-billed purchases.
(4) Limitations upon providing carrier responsibilities, including limitations on a carrier's responsibility to verify delivery of audio information or entertainment.
(5) Requirements on actions by billing entities to set aside charges from a customer's billing statement.
(6) Limitations on collection actions by billing entities and vendors.
(7) The regulation of credit reports on billing disputes.
(8) The prompt notification of credit to an account.
(9) Rights of customers and telephone common carriers regarding claims and defenses.
(10) The extent to which the regulations should diverge from requirements under the Truth in Lending and Fair Credit Billing Acts in order to protect customers, and in order to be cost effective to billing entities.
Cite this article: FindLaw.com - 15 U.S.C. § 5721 - U.S. Code - Unannotated Title 15. Commerce and Trade § 5721. Regulations - last updated January 01, 2024 | https://codes.findlaw.com/us/title-15-commerce-and-trade/15-usc-sect-5721/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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