Bill Text: MO HB1599 | 2010 | Regular Session | Introduced
Bill Title: Establishes the Anticramming Protection Act which prohibits telecommunications companies from billing a customer for miscellaneous products or services without prior approval
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Utilities (H) [HB1599 Detail]
Download: Missouri-2010-HB1599-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WALSH (Sponsor), LeVOTA, SKAGGS, PACE, KRATKY, WALTON GRAY, LAMPE, NANCE, HARRIS, FUNDERBURK, MEADOWS, FRAME, ENGLUND, SCHIEFFER, SCAVUZZO, OXFORD, CARTER AND CORCORAN (Co-sponsors).
3325L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 407, RSMo, by adding thereto one new section relating to unfair and deceptive practices in telephone billing for miscellaneous products or services.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto one new section, to be known as section 407.1069, to read as follows:
407.1069. 1. This section shall be known and may be cited as the "Anticramming Protection Act".
2. As used in this section, the following words mean:
(1) "Customer", the account holder, including the account holder's spouse, in whose name telephone service is billed, including individuals, governmental units at all levels of government, corporate entities, and any other entity or person with legal capacity to request to be billed for telephone service;
(2) "FCC", the Federal Communications Commission;
(3) "Miscellaneous product or service", any product or service that is not:
(a) Telephone exchange service, telephone toll service, or services that are provided by the subscriber's selected provider of telephone exchange service or telephone toll service and that the FCC defines by rule as services that are ancillary to telephone exchange service or telephone toll service;
(b) Pay-per-call services; or
(c) Telephone billed purchases;
(4) "Miscellaneous product or service charges", charges for a miscellaneous product or service that are billed on a telephone bill;
(5) "Telephone bill", a bill:
(a) For telephone exchange service and other services issued by or on behalf of a common carrier to its telephone exchange service customers; or
(b) For telephone toll service and other services issued by or on behalf of a common carrier to its telephone toll service customers;
(6) "Telephone exchange service", service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to customers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge or comparable service provided through
a system of switches, transmission equipment, or other facilities (or combination thereof) by which a customer can originate and terminate a telecommunications service;
(7) "Telecommunications provider", a person that provides telecommunications service;
(8) "Telecommunications service", making telecommunications available to the public for a fee;
(9) "Telephone toll service", telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with customers for exchange service.
3. A customer of a telecommunications provider shall not be billed for miscellaneous product or service charges by a telecommunications provider that without the customer's authorization added the miscellaneous product or service to the customer's telephone bill. If a telecommunications provider does not comply with this subsection, a customer may notify the attorney general or the public service commission.
4. A complaint may be filed with the attorney general by a customer of a telecommunications provider, or by the public service commission on behalf of the customer of a telecommunications provider upon notification under subsection 3 of this section, who has been billed for miscellaneous product and service charges by a telecommunications provider without the customer's authorization.
5. (1) Whenever the attorney general of this state has reason to believe that the interests of the residents of this state have been or are being threatened or adversely affected because any person has engaged or is engaging in a pattern or practice which violates this section, the attorney general may bring a civil action on behalf of its residents in an appropriate court to enjoin such pattern or practice, to enforce compliance with this section, to obtain damages on behalf of the residents of this state, or to obtain such further and other relief as the court may deem appropriate.
(2) The attorney general shall serve prior written notice of any civil action under subdivision (1) of this subsection upon the FCC and provide the FCC with a copy of its complaint, except that if it is not feasible to provide such prior notice, the attorney general shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the FCC shall have the right:
(a) To intervene in such action;
(b) Upon so intervening, to be heard on all matters arising therein; and
(c) To file petitions for appeal.
(3) Any civil action brought under this section in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or wherever the defendant may be found.
(4) For purposes of bringing any civil action under this section, nothing in this section shall prevent the attorney general from exercising the powers conferred on himself or herself by the laws of this state to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
(5) Nothing contained in this section shall prohibit an authorized state official from proceeding in state court on the basis of an alleged violation of any general civil or criminal statute of this state.
6. This section shall apply only to the extent not preempted by federal law.
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