§ 5721. — Regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5721]
TITLE 15--COMMERCE AND TRADE
CHAPTER 83--TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION
SUBCHAPTER II--BILLING AND COLLECTION
Sec. 5721. 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 undermine the rights provided to customers under
this subchapter.
(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., 1666 et seq.].
(3) 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.
(b) Rulemaking schedule and procedure
The Commission shall prescribe the rules under subsection (a) of
this section within 270 days after October 28, 1992. Such rules shall be
prescribed in accordance with section 553 of title 5.
(c) Enforcement
Any violation of any rule prescribed under subsection (a) of this
section 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.
(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
[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.
(Pub. L. 102-556, title III, Sec. 301, Oct. 28, 1992, 106 Stat. 4191.)
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, May 29, 1968, 82 Stat. 146, as
amended, which is classified generally to subchapter I (Sec. 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, Oct. 28, 1974, 88 Stat. 1511,
which is classified principally to part D (Sec. 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.
