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United States · Bill · S

S. 1618 (105th)

Anti-slamming Amendments Act

referredUnited States· United States Congress· EN

Introduced

9 February 1998

Last action

—

Status

Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.

Sponsors

—

Subjects

Discovery layer

Source updated

7 April 2025

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Summary

Amends the Communications Act of 1934 to require that, in order for a telecommunications carrier to verify a subscriber's selection of a telephone exchange or toll service provider, such carrier shall, at a minimum, require the subscriber to: (1) acknowledge the type of service to be changed by the selection; (2) affirm the intent to select the service provider; (3) affirm the subscriber's authority to make such selection for that telephone number; (4) acknowledge that such selection will result in a change of service provider; (5) acknowledge that the individual making such communication is the subscriber; and (6) provide any other such information as considered appropriate for the subscriber's protection. Requires Federal Communications Commission (FCC) selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for verification of a change of service in oral, written, or electronic form; and (3) require the retention of such verification in a manner and form and for such time as considered appropriate by the FCC. Makes the above provisions inapplicable to providers of commercial mobile service. Requires a carrier selected by a subscriber to notify the subscriber in writing not more than 15 days after such selection, and to include the name of the individual who authorized such change. Provides for the prompt resolution of complaints concerning an unauthorized change. Requires the FCC to provide a simplified process for resolving such complaints, and authorizes the FCC to award damages in the amount of $500 or the actual damages, if greater. Provides penalties for violations of this section and authorizes the FCC to collect fines and damages. Authorizes a State to bring an action on behalf of its residents when it has reason to believe that a carrier has or is engaged in a practice of changing service providers without subscriber authority. Gives Federal courts exclusive jurisdiction over such actions. Requires the FCC to be notified of any such action. Directs the FCC to issue a report on the telemarketing practices used by carriers to solicit subscriber service changes. Authorizes the FCC to initiate a rulemaking to prohibit the use of any practices found to likely mislead, deceive, or confuse subscribers.

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Documents

11 official files

Referred in House (text)

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Sources

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