Senate Bill No. 387–Senator Porter

 

March 19, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing deceptive trade practices committed by providers of telecommunications service. (BDR 52‑1103)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to deceptive trade practices; prohibiting a provider of telecommunications service from providing such service to a customer without first informing the customer of the amount to be charged for the service; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 598.969 is hereby amended to read as follows:

1-2    598.969  A provider shall not:

1-3    1.  Make a statement or representation regarding the provision of a

1-4  telecommunications service, including, without limitation, a statement

1-5  regarding the rates, terms or conditions of a telecommunications service,

1-6  that:

1-7    (a) Is false, misleading or deceptive; or

1-8    (b) Fails to include material information which makes the statement or

1-9  representation false, misleading or deceptive.

1-10    2.  Misrepresent his identity.

1-11    3.  Falsely state to a person that the person has subscribed or authorized

1-12  a subscription to or has received a telecommunications service.

1-13    4.  Omit, when explaining the terms and conditions of a subscription to

1-14  a telecommunications service, a material fact concerning the subscription.

1-15    5.  Provide a telecommunications service to a customer without first

1-16  informing the customer of the amount to be charged for that service. Any

1-17  provider who violates the provisions of this subsection and charges the

1-18  customer an amount for the service that is greater than the minimum

1-19  amount that the provider charges for the service:

1-20    (a) Shall, if a reduced rate of payment is subsequently negotiated with

1-21  the customer for that service, pay the customer an amount equal to the

1-22  difference between the amount previously charged to the customer for

2-1  the service and the amount that would have been charged to the

2-2  customer had he been charged the reduced rate for that service.

2-3    (b) May not recover from the customer any payment due for the

2-4  service that was previously provided at the higher rate.

2-5    6.  Fail to provide a customer with timely written notice containing:

2-6    (a) A clear and detailed description relating directly to the services for

2-7  which the customer is being billed and the amount the customer is being

2-8  charged for each service;

2-9    (b) All terms and conditions relating directly to the services provided;

2-10  and

2-11    (c) The name, address and telephone number of the provider.

2-12    [6.] 7.  Fail to honor, within a reasonable period, a request of a

2-13  customer to cancel a telecommunications service pursuant to the terms and

2-14  conditions for the service.

2-15    [7.] 8.  Bill a customer for a telecommunications service after the

2-16  customer has canceled the telecommunications service pursuant to the

2-17  terms and conditions of the service.

2-18    [8.] 9.  Bill a customer for services that the provider knows the

2-19  customer has not authorized, unless the service is required to be provided

2-20  by law. The failure of a customer to refuse a proposal from a provider does

2-21  not constitute specific authorization.

2-22    [9.] 10.  Change a customer’s subscription to a local exchange carrier

2-23  or an interexchange carrier unless:

2-24    (a) The customer has authorized the change within the 30 days

2-25  immediately preceding the date of the change; and

2-26    (b) The provider complies with the provisions of 47 U.S.C. § 258, as

2-27  amended, and the verification procedures set forth in 47 C.F.R. part 64,

2-28  subpart K, as amended.

2-29    [10.] 11.  Fail to provide to a customer who has authorized the

2-30  provider to change his subscription to a local exchange carrier or an

2-31  interexchange carrier a written confirmation of the change within 30 days

2-32  after the date of the change.

2-33    [11.] 12.  Propose or enter into a contract with a person that purports

2-34  to:

2-35    (a) Waive the protection afforded to the person by any provision of this

2-36  section; or

2-37    (b) Authorize the provider or an agent, employee, independent

2-38  contractor or representative of the provider to violate any provision of this

2-39  section.

2-40    Sec. 2.  The amendatory provisions of this act do not apply to offenses

2-41  committed before October 1, 2001.

 

2-42  H