COMMITTEE SUBSTITUTE

FOR

H. B. 2924

(By Delegates Capito, Rowe, Hutchins,

Mahan, Smirl and Webb)


(Originating in the Committee on the Judiciary)

[March 3, 1999]


A BILL to amend chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-e, relating to limitations on subscribers purchases of phone utility services; regulating transfers of phone service; establishing disclosure requirements for telephone corporations for transfer of phone services; providing for third party conformation of transfers; establishing criteria for third party verification companies and conformation procedures for service transfers; prohibiting disclosure of subscriber information for marketing purposes; creating civil remedy for prohibited release; excepting certain transactions from this section; specific content of mailed notice; providing notice and verification requirements for service transfers; establishing criteria for cancellation and refund of fees; requiring notice on billings; providing liability to prior phone service provider and subscribers for unauthorized fees charged; providing that this section does not limit any other remedies; providing conformity with federal requirements; and providing that public service commission has rulemaking and enforcement authority.

Be it enacted by the Legislature of West Virginia:
That chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding a new article thereto, designated article two-e, to read as follows:
ARTICLE 2E. REQUIREMENTS FOR LONG DISTANCE PHONE SERVICE SALES.
§24-2E-1. Transfer of long distance service providers.
(a) No telephone corporation, or any person, firm, or corporation representing a telephone corporation, may make any change or authorize a different telephone corporation to make any change in the provider of any telephone service generated by telemarketing, until all of the following steps have been completed:
(1) The telephone corporation, its representatives or agents shall thoroughly inform the subscriber of the nature and extent of the service being offered.
(2) The telephone corporation, its representatives or agents shall specifically establish whether the subscriber intends to make any change in his or her telephone service provider, and explain any charges associated with that change.
(3) The subscriber's decision to change his or her telephone service provider shall be confirmed by an independent third-party verification company. For purposes of this provision, the confirmation by a third-party verification
company shall be made as follows:
(A) The third-party verification company shall meet each of the following criteria:
(i) Be independent from the telephone corporation that seeks to provide the subscriber's new service.
(ii) Not be directly or indirectly managed, controlled, or directed, or owned wholly or in part, by the telephone corporation
that seeks to provide the new service or by any corporation, firm, or person who directly or indirectly manages, controls, or directs, or owns more than five percent of the telephone corporation.
(iii) Operate from facilities physically separate from those of
the telephone corporation that seeks to provide the subscriber's new service.
(iv) Not derive commissions or compensation based upon the number of sales confirmed.
(B) The telephone corporation seeking to verify the sale shall do so by connecting the subscriber by telephone to the third-party
verification company or by arranging for the third-party verification company to call the subscriber to confirm the sale. (C) The third-party verification company shall obtain the subscriber's oral confirmation regarding the change, and shall record that confirmation by obtaining appropriate verification data. The record shall be available to the subscriber upon request. Information obtained from the subscriber through confirmation shall not be used for marketing purposes. Any unauthorized release of this information is grounds for a civil suit by the aggrieved subscriber against the telephone corporation or its employees who are responsible for the violation. In addition, the telephone corporation shall also authenticate the transaction by one of the following methods:
(i) Verifying the subscriber's change in his or her telephone service provider by obtaining the subscriber's signature on a document fully explaining the nature and extent of the action. The document shall be a separate document whose sole purpose is to explain the nature and extent of the action; or
(ii) Obtaining the subscriber's authorization through an electronic means that takes the information, including the calling number, and confirms the change to which the subscriber has given his or her consent.
(4) Where the telephone corporation obtains a written order for service, the document shall thoroughly inform the subscriber of the nature and extent of the action. The subscriber shall be furnished with a copy of the signed document. The subscriber by his or her signature on the document shall indicate a full understanding of the relationship being established with the telephone corporation. When a written subscriber solicitation or other document contains a letter of agency authorizing a change in service provider, in combination with other information including, but not limited to, inducements to subscribers to purchase service, the solicitation shall include a separate document whose sole purpose is to explain the nature and extent of the action. If any part of a mailing to a prospective subscriber is in language other than English, any written authorization contained in the mailing shall be sent to the same prospective subscriber in the same language.
(5) The telephone corporation shall retain a record of the verification of the sale for at least one year. These records shall be made available to the subscriber, the Attorney General, or the commission upon request.
(b) When a subscriber changes telephone service providers, the
change shall be conspicuously noticed on the subscriber's bill. Notice in the following form is deemed to comply with this subdivision:
"NOTICE: Your local (or long distance) telephone service provider has been changed from (name of prior provider) to (name of current provider).
Cost of change: $ ____."
(c) Any telephone corporation that violates the verification procedures described in this section shall be liable to the telephone corporation previously selected by the subscriber in an amount equal to all charges paid by the subscriber after the violation.
(d) In addition to the liability described in subdivision (e), any telephone corporation that violates the verification procedures
described in this section shall credit to a subscriber any charges
paid by the subscriber in excess of the amount that the subscriber
would have been obligated to pay had the subscriber's telephone service not been changed. The public service commission may adopt regulations to govern credits to subscribers pursuant to subsection (f).
(e) The remedies provided by this section are in addition to any other remedies available by law. Violations of this section shall be subject to orders and other actions consistent with the public service commission's authority as provided in this chapter. This section is intended to supplement and be in addition to federal laws and regulations regulating phone transactions.
(f) The public service commission may promulgate rules consistent with section one, article one of this chapter and subsection (e) as necessary to effectuate the purposes of this section.