SB0325 94TH GENERAL ASSEMBLY

LRB094 06846 MKM 36952 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0325

Introduced 2/15/2005, by Sen. Jacqueline Y. Collins

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2VV new

Amends the Consumer Fraud and Deceptive Business Practices Act. Requires all advertising offering for sale local exchange telecommunications service in an area in which more than one local exchange telecommunications service offering is available to include disclosures of the regulated price of certain services. Provides that, if a customer of a local exchange carrier contacts the carrier with a billing inquiry or any other customer service issue, before offering the customer any product or service, the carrier shall: (i) resolve the customer's billing inquiry or customer service issue; (ii) clearly and conspicuously disclose that the carrier is initiating a solicitation; and (iii) obtain the customer's permission to continue the solicitation. Requires a carrier to clearly and conspicuously disclose all material terms and conditions in any advertising or marketing in which a term or condition of local exchange telecommunications service is represented.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2VV as follows:

(815 ILCS 505/2VV new)

Sec. 2VV. Local exchange telecommunications service disclosures.

(a) When advertising or offering for sale local exchange telecommunications service in an area in which more than one local exchange telecommunications service offering is available, a local exchange carrier shall clearly and conspicuously disclose the regulated price of: (i) local exchange service access, (ii) local calls, and (iii) local toll calls, when these services are purchased separately and not part of a packaged service offering.

(b) If a customer of a local exchange carrier contacts the carrier with a billing inquiry or with any other customer service issue, the carrier shall take the following actions before offering any product or service for sale to the customer:

(1) resolve the customer's billing inquiry or customer service issue;

(2) clearly and conspicuously disclose that the carrier is ending the customer service portion of the call and initiating a solicitation directed at the customer; and

(3) obtain the customer's permission to continue the solicitation.

If a customer declines permission to continue the solicitation, the carrier shall not offer any product or service for sale to the customer.

(c) In all advertising and marketing by a local exchange carrier in which a term or condition of local exchange telecommunications service is represented, the carrier shall clearly and conspicuously disclose all material terms and conditions of the offer, including, but not limited to, whether the price of the offer includes: (i) access, local calling, local toll calling, long distance calling, and international calling; (ii) any additional services; and (iii) any additional fees and charges to be paid by the customer.

(d) For purposes of this Section:

"Local exchange carrier" means a telecommunications carrier, as that term is defined Section 13-202 of the Public Utilities Act, that provides local exchange telecommunications service.

"Local exchange telecommunications service" means that term as it is defined in Section 13-204 of the Public Utilities Act.