BigBend2024

Consumer Rights

Did Long Distance ‘Slamming’ Get Easier?

• If you’ve been slammed, you are not required to pay the charges for the first 30 days; afterward, you must pay, but at the old company’s rates. Call the carrier you want and ask it to restore your calling plan and remove all “change of carrier” fees. Report the slamming to the FCC, state regulators, or both. The slamming company must pay your long distance carrier 150% of any amount it collected from you. Your authorized company will then refund 50% of the charges you paid. The FCC’s revised rules give states the option of electing to administer the FCC’s preferred carrier change rules. The state agency can be either the public utility com mission or another state agency charged with resolving unauthorized changes. States electing to administer the FCC’s preferred carrier change rules must notify the FCC. As of January 1, 2004, only 37 states had noti fied the FCC of their election to administer the rules. Because either a state agency or the FCC may be responsible for administra tion of the rules, the rules refer to the agency responsible for administration as the “rele vant governmental agency” (which we have abbreviated as “RGA”). State Option to Administer FCC Rules

A federal appeals court has ruled that the Federal Communications Commission went too far with regulations designed to pro tect consumers from the federal crime of “slamming” – having your long distance ser vice switched without your consent. The FCC has required long distance com panies to obtain actual authorization from the customer for a switch in service. The company had to obtain a letter authorizing the change or it had to have an independent party call the customer to confirm. A letter or phone call is still required. But in a decision handed down on April 8, 2003, the Court of Appeals for the District of Columbia ruled that carriers must only believe they’re dealing with a customer capable of authoriz ing a switch. If the carrier is wrong, the switch is still illegal. Even with the court’s ruling, however, slam ming remains a crime. What You Can Do • Ask BBT for a “primary interexchange carrier” freeze, which prevents any change unless you authorize it in writing. • The United States and Texas have a “do not call” list, and you can sign up to limit (but not to eliminate) telemarketing calls. Phone numbers are 1-866-TXNOCAL or 1-888-383-1222: for TTY call 1-866 290-4236 for the nationwide “Do Not Call” list. • Promotions that use “free” checks may authorize a change in long distance carriers when you endorse a check. Read the terms carefully.

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