Title 15 — Commerce and Trade
Chapter 83 — Telephone Disclosure and Dispute Resolution
§ 5721. Regulations
Statutory text
In general
Rules required
The Commission shall, in accordance with the requirements of this section, prescribe rules establishing procedures for the correction of billing errors with respect to telephone-billed purchases. The rules prescribed by the Commission shall also include provisions to prohibit unfair or deceptive acts or practices that evade such rules or undermine the rights provided to customers under this subchapter.
Substantial similarity to credit billing
The Commission shall promulgate rules under this section that impose requirements that are substantially similar to the requirements imposed, with respect to the resolution of credit disputes, under the Truth in Lending and Fair Credit Billing Acts [15 U.S.C. 1601 et seq., 1666 et seq.].
Treatment of rule
A rule issued under paragraph (1) shall be treated as a rule issued under section 57a(a)(1)(B) of this title.
Rulemaking schedule and procedure
The Commission shall prescribe the rules under subsection (a) within 270 days after . Such rules shall be prescribed in accordance with section 553 of title 5.
Enforcement
Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule under section 45 of this title regarding unfair or deceptive acts or practices. Notwithstanding section 45(a)(2) of this title, communications common carriers shall be subject to the jurisdiction of the Commission for purposes of this subchapter.
Correction of billing errors and correction of credit reports
In prescribing rules under this section, the Commission shall consider, with respect to telephone-billed purchases, the following:
The initiation of a billing review by a customer.
Responses by billing entities and providing carriers to the initiation of a billing review.
Investigations concerning delivery of telephone-billed purchases.
Limitations upon providing carrier responsibilities, including limitations on a carrier’s responsibility to verify delivery of audio information or entertainment.
Requirements on actions by billing entities to set aside charges from a customer’s billing statement.
Limitations on collection actions by billing entities and vendors.
The regulation of credit reports on billing disputes.
The prompt notification of credit to an account.
Rights of customers and telephone common carriers regarding claims and defenses.
The extent to which the regulations should diverge from requirements under the Truth in Lending and Fair Credit Billing Acts [15 U.S.C. 1601 et seq., 1666 et seq.] in order to protect customers, and in order to be cost effective to billing entities.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Telephone Disclosure and Dispute Resolution Act
Pub. L. 102–556 title III § 301 · 106 Stat. 4181
Enacted · 15 U.S.C. § 5721
(Pub. L. 102–556, title III, § 301, Oct. 28, 1992, 106 Stat. 4191.)
Source evidence
Code source credit
(Pub. L. 102–556, title III, § 301, Oct. 28, 1992, 106 Stat. 4191.)Enacted provision · exact public law section
SEC. 301. REGULATIONS. (a) In General.— (1) Rules required.— The Commission shall, in accordance with the requirements of this section, prescribe rules establishing procedures for the correction of billing errors with respect to telephone-billed purchases. The rules prescribed by the Commission shall also include provisions to prohibit unfair or deceptive acts or practices that evade such rules or under-mine the rights provided to customers under this title. (2) Substantial similarity to credit billing.— The Commission shall promulgate rules under this section that impose requirements that are substantially similar to the requirements imposed, with respect to the resolution of credit disputes, under the Truth in Lending and Fair Credit Billing Acts (15 U.S.C. 1601 et seq.). (3) Treatment of rule.— A rule issued under paragraph (1) shall be treated as a rule issued under section 18(a)(l)(B) of the Federal Trade Commission Act (15 U.S.C. 57(a)(1)(B)). (b) Rulemaking Schedule and Procedure.— The Commission shall prescribe the rules under subsection (a) within 270 days after the date of enactment of this Act. Such rules shall be pre-scribed in accordance with section 553 of title 5, United States Code. (c) Enforcement.— Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) regarding unfair or deceptive acts or practices. Notwithstanding section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Commission for purposes of this title. (d) Correction of Billing Errors and Correction of Credit Reports.— In prescribing rules under this section, the Commission shall consider, with respect to telephone-billed purchases, the following: (1) The initiation of a billing review by a customer. (2) Responses by billing entities and providing carriers to the initiation of a billing review. (3) Investigations concerning delivery of telephone-billed purchases. (4) Limitations upon providing carrier responsibilities, including limitations on a carrier’s responsibility to verify delivery of audio information or entertainment. (5) Requirements on actions by billing entities to set aside charges from a customer’s billing statement. (6) Limitations on collection actions by billing entities and vendors. (7) The regulation of credit reports on billing disputes. (8) The prompt notification of credit to an account. (9) Rights of customers and telephone common carriers regarding claims and defenses. (10) The extent to which the regulations should diverge from requirements under the Truth in Lending and Fair Credit Billing Acts in order to protect customers, and in order to be cost effective to billing entities.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Truth in Lending Act, referred to in subsecs. (a)(2) and (d)(10), is title I of Pub. L. 90–321, , 82 Stat. 146, which is classified generally to subchapter I (§ 1601 et seq.) of chapter 41 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
The Fair Credit Billing Act, referred to in subsecs. (a)(2) and (d)(10), is title III of Pub. L. 93–495, , 88 Stat. 1511, which is classified principally to part D (§ 1666 et seq.) of subchapter I of chapter 41 of this title. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 1601 of this title and Tables.