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90_HB3454
220 ILCS 5/13-902
815 ILCS 505/2II new
Amends the Public Utilities Act. Establishes conditions
under which a change in telecommunications services provided
or a change in the provider of services may be made with
respect to a subscriber. Amends the Consumer Fraud and
Deceptive Business Practices Act to prohibit the use of
sweepstakes or contests to fraudulently induce a person to
change telecommunications services or providers. Effective
immediately.
LRB9010645JSmg
LRB9010645JSmg
1 AN ACT concerning subscription to telecommunications
2 services, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by
6 changing Section 13-902 as follows:
7 (220 ILCS 5/13-902)
8 (Section scheduled to be repealed on July 1, 2001)
9 Sec. 13-902. Rules for verification of a subscriber's
10 change in telecommunications carrier.
11 (a) A subscriber of a telecommunications carrier may not
12 be switched to another telecommunications carrier without the
13 subscriber's authorization.
14 (b) A telecommunications carrier shall not effectuate a
15 change to a subscriber's telecommunications services by
16 providing an additional residential telecommunications
17 service that results in a recurring additional monthly charge
18 to the subscriber (herein referred to as an "additional
19 residential telecommunications service") without following
20 the notification procedures set forth in this Section. An
21 "additional telecommunications service" does not include
22 making available any additional telecommunications services
23 on a subscriber's line when the subscriber activates and pays
24 for the services on a per use basis, nor does it include
25 changes to a subscriber's bill caused by changes in taxes,
26 changes in subscriber locations, or preferred carrier change
27 charges.
28 (c) It is the responsibility of the company or carrier
29 requesting a change in a subscriber's telecommunications
30 carrier to obtain the subscriber's authorization for the
31 change whenever the company or carrier acts as a subscriber's
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1 agent with respect to the change.
2 (d) A company or carrier requesting a change in a
3 subscriber's telecommunications carrier as described in
4 subsection (c) shall be solely responsible for providing
5 written notice of the change to the subscriber in accordance
6 with this Section. In addition, a telecommunications carrier
7 that provides any additional residential telecommunications
8 services to a subscriber shall be solely responsible for
9 providing written notice of the additional residential
10 telecommunications services to the subscriber in accordance
11 with this Section. The notice shall be provided as follows:
12 (1) A letter to the subscriber must be mailed using
13 first class mail, postage prepaid, no later than 72 hours
14 after implementation of a change in the subscriber's
15 telecommunications carrier or the installation of the
16 addition of any residential telecommunications services.
17 (2) The letter must be a separate document sent for
18 the sole purpose of describing the changes or additions
19 authorized by the subscriber.
20 (3) The letter must be printed with 10 point or
21 larger type and contain clear and plain language that
22 confirms the details of a change in carrier or the
23 addition of residential telecommunications services and
24 provides the subscriber with a toll free number to call
25 should the subscriber wish to delete services or make
26 additional changes.
27 (e) The Commission shall promulgate any rules necessary
28 to ensure that a subscriber of a telecommunications carrier
29 is not switched to another telecommunications carrier or that
30 additions are not made to a subscriber's residential
31 telecommunications services without the subscriber's
32 authorization. The rules promulgated under this Section
33 shall comport with the rules and orders issued pursuant to
34 Section 2DD of the Consumer Fraud and Deceptive Business
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1 Practices Act.
2 (f) Complaints may be filed with the Commission under
3 this Section by a subscriber who has been switched to another
4 telecommunications carrier without authorization or has been
5 provided residential telecommunications services not ordered
6 by the subscriber by a telecommunications carrier that has
7 been removed as a subscriber's telecommunications carrier
8 without authorization. The Commission may initiate an
9 investigation or hearing on its own motion. Hearings shall
10 be held pursuant to Article 10 of this Act. If after notice
11 and hearing, the Commission finds that a telecommunications
12 carrier has violated this Section or a rule promulgated under
13 this Section, the Commission may in its discretion:
14 (1) In case of an unauthorized switch to a
15 telecommunications carrier, require the violating
16 telecommunications carrier to refund to the subscriber
17 charges collected in excess of those that would have been
18 charged by the subscriber's chosen telecommunications
19 carrier.
20 (2) In case of an unauthorized switch to a
21 telecommunications carrier, require the violating
22 telecommunications carrier to pay to the subscriber's
23 chosen telecommunications carrier the amount the chosen
24 telecommunications carrier would have collected for the
25 telecommunications service.
26 (3) Require the violating telecommunications
27 carrier to pay a fine of up to $1,000 into the Public
28 Utility Fund for each repeated and wilful violation of
29 this Section.
30 (4) In the case of the unauthorized addition of
31 telecommunications services, require a violating carrier
32 to refund all charges for telecommunications products and
33 services provided without a subscriber's authorization.
34 (5) Issue a cease and desist order.
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1 (6) For a pattern of violation of this Section, the
2 Commission may revoke the violating telecommunications
3 carrier's certificate of service authority. The
4 Commission may adopt rules prescribing procedures for the
5 verification of a change in a subscriber's selection of a
6 telecommunications carrier for the provision of
7 telecommunications service, whether local exchange or
8 interexchange. The rules shall be compatible with the
9 verification procedures established by the Federal
10 Communications Commission under the Communications Act of
11 1996.
12 (Source: P.A. 89-497, eff. 6-27-96.)
13 Section 10. The Consumer Fraud and Deceptive Business
14 Practices Act is amended by adding Section 2II as follows:
15 (815 ILCS 505/2II new)
16 Sec. 2II. Use of sweepstakes or prize promotion to
17 solicit authority to provide telecommunications or related
18 service.
19 (a) As used in this Section, the following terms have
20 the meaning set forth herein:
21 (1) "Telecommunications carrier" has the meaning
22 given in Section 13-202 of the Public Utilities Act.
23 (2) "Telecommunications service" has the meaning
24 given in Section 13-203 of the Public Utilities Act.
25 (3) "Enhanced telecommunications service" means any
26 service or merchandise, other than a telecommunications
27 service for which any charge or assessment appears on a
28 billing statement directed to a subscriber by a
29 telecommunications carrier.
30 (b) It is a violation of this Act for any person to use
31 another person's entry into a sweepstakes, contest, or
32 similar promotional program for the purpose of fraudulently
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1 inducing the person to authorize a change of
2 telecommunications carrier or a change in telecommunications
3 service or enhanced telecommunications service.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.