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S. 1579

900 Services Consumer Protection Act of 1991

Telephone Disclosure and Dispute Resolution Act - Title I: Carrier Obligations and Consumer Rights Concerning Pay-Per-Call Transactions - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to establish a system for the oversight and regulation of pay-per-call services.

Requires the FCC's final rules to: (1) include measures that provide a consumer of pay-per-call services with adequate and clear descriptions of the rights of the caller; (2) define the obligations of common carriers with respect to the provision of such services; (3) include requirements on such carriers to protect against abusive practices by service providers; (4) identify procedures by which common carriers and providers may take affirmative steps to protect against nonpayment of legitimate charges; and (5) include requirements that such services be offered only through the use of certain telephone number prefixes and area codes.

Directs common carriers that contract with a provider of pay-per-call services to make available on request: (1) a list of telephone numbers, a description, and a statement of fees for each service it carries; and (2) other information the FCC considers necessary.

Requires common carriers contracting with providers to terminate services if the service is not in compliance with this Act.

Prohibits common carriers from disconnecting or interrupting a subscriber's local or long distance service because of nonpayment for any pay-per-call service. Authorizes common carriers that provide local exchange service to offer subscribers the option of blocking access to pay-per-call service. Permits the cost of blocking to be recovered by contract or tariff but bars recovery of costs from local or long distance ratepayers.

Directs common carriers to prohibit by tariff or contract the use of any toll-free number in a manner that would result in the calling party being: (1) assessed a charge for the call; (2) connected to a pay-per-call service; (3) charged for information conveyed during the call unless the party has a preexisting agreement to be charged for the information; or (4) called back collect for the provision of audio information services or simulaneous voice conservation services.

Requires common carriers that contract with, and offer billing and collection services to, providers of pay-per-call services to: (1) ensure that a subscriber is not billed for services that are provided in violation of regulations issued pursuant to title II of this Act or under circumstances necessary to protect subscribers from abusive practices; (2) provide information on subscribers' and carriers' rights regarding pay-per-call services; and (3) include certain information in billing for pay-per-call services.

Exempts a common carrier from civil or criminal liability under this Act solely because it provided transmission or billing and collection services for a pay-per-call service unless the carrier knew that such services violated this Act or other Federal law.

Bars causes of action in courts or administrative agencies against common carriers on account of acts to terminate pay-per-call services to comply with this Act or other Federal law.

Requires regulations to ensure that carriers and other parties providing billing and collection services with respect to pay-per-call services provide refunds to subscribers who have been billed for services violating this Act or other Federal law.

Permits recovery of costs from providers, but bars recovery from local or long distance ratepayers. Directs the FCC to submit recommendations to the Congress with respect to the extension of such regulations to persons that provide, for a per-call charge, data services that are not pay-per-call services.

Specifies that nothing in this Act shall affect provisions of the Communications Act of 1934 concerning obscence or harassing phone calls.

Title II: Regulations of Unfair and Deceptive Acts and Practices in Connection with Pay-Per-Call Services - Directs the Federal Trade Commission (FTC) to prescribe rules to prohibit unfair and deceptive acts and practices in any advertisement for pay-per-call services.

Provides that such rules shall require persons offering such services to: (1) disclose in any advertising the cost of the use of the telephone number; (2) disclose the odds of receiving a prize in the case of an advertisement which offers a prize; (3) disclose that a service is unauthorized by a Federal agency in the case of an advertisement that promotes a service that is not operated by a Federal agency but provides information on a Federal program; (4) not direct an advertisement at children under the age of 12; (5) state that an individual must have the consent of a parent or legal guardian in the case of an advertisement directed primarily to individuals under 18; (6) not use advertisement that emit electronic tones which automatically dial a pay-per-call number; (7) ensure that whenever the number is shown in television and print media advertisements that the charges for the call are clearly displayed; (8) specify the total cost in delivering any telephone message soliciting calls to a pay-per-call service; and (9) not advertise any toll-free number from which callers are connected to an access number for a pay-per-call service.

Directs the FTC to prescribe rules requiring each provider of pay-per-call services to: (1) include a specified introductory disclosure message in each pay-per-call message; (2) enable the caller to hang up at or before the end of the introductory message without incurring any charge; (3) not direct such services at children under 12 unless the service is an educational service; (4) stop the assessment of time-based charges immediately upon disconnection by the caller; (5) disable any bypass mechanism which allows frequent callers to avoid listening to the disclosure message after the institution of any price increase; (6) be prohibited from providing services through a toll-free number; (7) be prohibited from billing consumers in excess of the amounts described in the introductory message; (8) meet specified requirements for billing statements; (9) be liable for refunds to consumers for services provided in violation of Federal law; and (10) comply with additional standards to prevent abusive practices.

Directs the FTC to require a common carrier that provides telephone service to a pay-per-call service provider to make available to the FTC any records and financial information relating to the arrangements (other than for the provision of local exchange service) between the carrier and the provider.

Authorizes States to bring civil actions to enjoin practices violating FTC rules and obtain damages or other relief on behalf of their residents whenever there is reason to believe that State residents are adversely affected by such practices. Bars States from instituting such actions during the pendency of a civil action by the FTC.

Provides for principal enforcement of this title by the FTC under the Federal Trade Commission Act.

Title III: Billing and Collection - Directs the FTC to promulgate rules to establish procedures for the correction of billing errors with respect to telephone-billed purchases and that impose requirements similar to requirements imposed with respect to the resolution of credit disputes under the Truth in Lending and Fair Credit Billing Acts.

Sets forth provisions with respect to: (1) resolving inconsistencies between State laws concerning telephone billing practices and this title; (2) regulatory exemptions from this title which may be granted by the FTC for transactions in a State offering substantially similar or greater protection to the consumer; and (3) enforcement of this title.

Title IV: General Provisions - Directs the FCC to prescribe regulations denying equipment authorization under any part of the FCC's regulations for any scanning receiver that is capable of: (1) receiving transmissions in the frequencies allocated to the domestic cellular radio telecommunications service; (2) readily being altered by the user to receive transmissions in such frequencies; or (3) being equipped with decoders that convert digital cellular transmissions to analog voice audit. Bans the manufacture or importation of any scanning receiver having such capabilities.

Directs the FCC to report to the Congress on available security features for analog and digital radio signals.

Authorizes the Director of the Federal Bureau of Investigation or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director certifies in writing to the wire or electronic communication service provider that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person is a foreign power or agent (current law does not specify the type of information sought or the position of the designee); and (2) the name, address, and length of service of a person if the Director certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person have been used in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent concerning international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes.

Requires the Director to report semi-annually to the House and Senate Judiciary Committees concerning requests for information under this Act.

Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison.

Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year.

Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage.

Requires the Attorney General and the Secretary of the Treasury to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act.

Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use.

Directs the Assistant Secretary of Energy for Conservation and Renewable Energy to submit to the Congress a proposal for demonstrating the ability of innovative communications equipment and services to further the national goals of conserving energy and protecting health and safety.

Requires the Secretary of Energy to consider requesting the authority to use radio frequencies from the Assistant Secretary of Commerce for Communications and Information to carry out demonstration projects designed to demonstrate the energy conservation potential of communications technologies.

Amends the Communications Act of 1934 to exempt from restrictions on the use of automated telephone equipment calls to a telephone number assigned to a cellular telephone service that are not charged to the called party subject to conditions in the interest of privacy rights.

Title V: Miscellaneous - Exempts from Federal criminal code provisions restricting advertising for lotteries advertisements or other information concerning lotteries or gift enterprises conducted in a State in which they are authorized by statute to be conducted.

Message on Senate action sent to the House.

Sen. Inouye, Daniel K. [D-HI](D-HI)Sponsor
14 cosponsors8 D6 R
14cosponsors1committees25actions6amendments1related bills53subjects
  1. Floor

    Message on Senate action sent to the House.

  2. ResolvingDifferences

    Senate concurred in the House amendments with a substitute amendment by Voice Vote.

  3. NotUsed20500

    Resolving differences -- Senate actions: Senate concurred in the House amendments with a substitute amendment by Voice Vote.

  4. Floor

    Measure laid before Senate by unanimous consent.

  5. Floor

    Message on House action received in Senate and held at desk: House amendments to Senate bill.

  6. FloorH38700

    A similar measure H.R. 3490 was laid on the table without objection.

  7. FloorH38800

    The title of the measure was amended. Agreed to without objection.

  8. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  9. FloorH37100

    On passage Passed without objection.

  10. Floor8000

    Passed/agreed to in House: On passage Passed without objection.

  11. FloorH34200

    The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 3490. Agreed to without objection.

  12. FloorH30200

    Mr. Vento asked unanimous consent to take from the Speaker's table and consider.

  13. FloorH30000

    Considered by unanimous consent.

  14. FloorH15000

    Held at the desk.

  15. FloorH14000

    Received in the House.

  16. Floor

    Message on Senate action sent to the House.

  17. Floor

    Passed Senate with amendments by Voice Vote.

  18. Floor17000

    Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

  19. Floor

    Measure laid before Senate by unanimous consent.

  20. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 275.

  21. Committee

    Committee on Commerce. Reported to Senate by Senator Hollings with amendments. With written report No. 102-190.

    Commerce, Science, and Transportation Committee
  22. Committee14000

    Committee on Commerce. Reported to Senate by Senator Hollings with amendments. With written report No. 102-190.

    Commerce, Science, and Transportation Committee
  23. Committee

    Committee on Commerce. Ordered to be reported with amendments favorably.

    Commerce, Science, and Transportation Committee
  24. IntroReferral

    Read twice and referred to the Committee on Commerce.

    Commerce, Science, and Transportation Committee
  25. IntroReferral10000

    Introduced in Senate

Oct 7, 199239

Telephone Disclosure and Dispute Resolution Act - Title I: Carrier Obligations and Consumer Rights Concerning Pay-Per-Call Transactions - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to establish a system for the oversight and regulation of pay-per-call services.

Requires the FCC's final rules to: (1) include measures that provide a consumer of pay-per-call services with adequate and clear descriptions of the rights of the caller; (2) define the obligations of common carriers with respect to the provision of such services; (3) include requirements on such carriers to protect against abusive practices by service providers; (4) identify procedures by which common carriers and providers may take affirmative steps to protect against nonpayment of legitimate charges; and (5) include requirements that such services be offered only through the use of certain telephone number prefixes and area codes.

Directs common carriers that contract with a provider of pay-per-call services to make available on request: (1) a list of telephone numbers, a description, and a statement of fees for each service it carries; and (2) other information the FCC considers necessary.

Requires common carriers contracting with providers to terminate services if the service is not in compliance with this Act.

Prohibits common carriers from disconnecting or interrupting a subscriber's local or long distance service because of nonpayment for any pay-per-call service. Authorizes common carriers that provide local exchange service to offer subscribers the option of blocking access to pay-per-call service. Permits the cost of blocking to be recovered by contract or tariff but bars recovery of costs from local or long distance ratepayers.

Directs common carriers to prohibit by tariff or contract the use of any toll-free number in a manner that would result in the calling party being: (1) assessed a charge for the call; (2) connected to a pay-per-call service; (3) charged for information conveyed during the call unless the party has a preexisting agreement to be charged for the information; or (4) called back collect for the provision of audio information services or simulaneous voice conservation services.

Requires common carriers that contract with, and offer billing and collection services to, providers of pay-per-call services to: (1) ensure that a subscriber is not billed for services that are provided in violation of regulations issued pursuant to title II of this Act or under circumstances necessary to protect subscribers from abusive practices; (2) provide information on subscribers' and carriers' rights regarding pay-per-call services; and (3) include certain information in billing for pay-per-call services.

Exempts a common carrier from civil or criminal liability under this Act solely because it provided transmission or billing and collection services for a pay-per-call service unless the carrier knew that such services violated this Act or other Federal law.

Bars causes of action in courts or administrative agencies against common carriers on account of acts to terminate pay-per-call services to comply with this Act or other Federal law.

Requires regulations to ensure that carriers and other parties providing billing and collection services with respect to pay-per-call services provide refunds to subscribers who have been billed for services violating this Act or other Federal law.

Permits recovery of costs from providers, but bars recovery from local or long distance ratepayers. Directs the FCC to submit recommendations to the Congress with respect to the extension of such regulations to persons that provide, for a per-call charge, data services that are not pay-per-call services.

Specifies that nothing in this Act shall affect provisions of the Communications Act of 1934 concerning obscence or harassing phone calls.

Title II: Regulations of Unfair and Deceptive Acts and Practices in Connection with Pay-Per-Call Services - Directs the Federal Trade Commission (FTC) to prescribe rules to prohibit unfair and deceptive acts and practices in any advertisement for pay-per-call services.

Provides that such rules shall require persons offering such services to: (1) disclose in any advertising the cost of the use of the telephone number; (2) disclose the odds of receiving a prize in the case of an advertisement which offers a prize; (3) disclose that a service is unauthorized by a Federal agency in the case of an advertisement that promotes a service that is not operated by a Federal agency but provides information on a Federal program; (4) not direct an advertisement at children under the age of 12; (5) state that an individual must have the consent of a parent or legal guardian in the case of an advertisement directed primarily to individuals under 18; (6) not use advertisement that emit electronic tones which automatically dial a pay-per-call number; (7) ensure that whenever the number is shown in television and print media advertisements that the charges for the call are clearly displayed; (8) specify the total cost in delivering any telephone message soliciting calls to a pay-per-call service; and (9) not advertise any toll-free number from which callers are connected to an access number for a pay-per-call service.

Directs the FTC to prescribe rules requiring each provider of pay-per-call services to: (1) include a specified introductory disclosure message in each pay-per-call message; (2) enable the caller to hang up at or before the end of the introductory message without incurring any charge; (3) not direct such services at children under 12 unless the service is an educational service; (4) stop the assessment of time-based charges immediately upon disconnection by the caller; (5) disable any bypass mechanism which allows frequent callers to avoid listening to the disclosure message after the institution of any price increase; (6) be prohibited from providing services through a toll-free number; (7) be prohibited from billing consumers in excess of the amounts described in the introductory message; (8) meet specified requirements for billing statements; (9) be liable for refunds to consumers for services provided in violation of Federal law; and (10) comply with additional standards to prevent abusive practices.

Directs the FTC to require a common carrier that provides telephone service to a pay-per-call service provider to make available to the FTC any records and financial information relating to the arrangements (other than for the provision of local exchange service) between the carrier and the provider.

Authorizes States to bring civil actions to enjoin practices violating FTC rules and obtain damages or other relief on behalf of their residents whenever there is reason to believe that State residents are adversely affected by such practices. Bars States from instituting such actions during the pendency of a civil action by the FTC.

Provides for principal enforcement of this title by the FTC under the Federal Trade Commission Act.

Title III: Billing and Collection - Directs the FTC to promulgate rules to establish procedures for the correction of billing errors with respect to telephone-billed purchases and that impose requirements similar to requirements imposed with respect to the resolution of credit disputes under the Truth in Lending and Fair Credit Billing Acts.

Sets forth provisions with respect to: (1) resolving inconsistencies between State laws concerning telephone billing practices and this title; (2) regulatory exemptions from this title which may be granted by the FTC for transactions in a State offering substantially similar or greater protection to the consumer; and (3) enforcement of this title.

Title IV: General Provisions - Directs the FCC to prescribe regulations denying equipment authorization under any part of the FCC's regulations for any scanning receiver that is capable of: (1) receiving transmissions in the frequencies allocated to the domestic cellular radio telecommunications service; (2) readily being altered by the user to receive transmissions in such frequencies; or (3) being equipped with decoders that convert digital cellular transmissions to analog voice audit. Bans the manufacture or importation of any scanning receiver having such capabilities.

Directs the FCC to report to the Congress on available security features for analog and digital radio signals.

Authorizes the Director of the Federal Bureau of Investigation or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director certifies in writing to the wire or electronic communication service provider that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person is a foreign power or agent (current law does not specify the type of information sought or the position of the designee); and (2) the name, address, and length of service of a person if the Director certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person have been used in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent concerning international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes.

Requires the Director to report semi-annually to the House and Senate Judiciary Committees concerning requests for information under this Act.

Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison.

Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year.

Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage.

Requires the Attorney General and the Secretary of the Treasury to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act.

Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use.

Directs the Assistant Secretary of Energy for Conservation and Renewable Energy to submit to the Congress a proposal for demonstrating the ability of innovative communications equipment and services to further the national goals of conserving energy and protecting health and safety.

Requires the Secretary of Energy to consider requesting the authority to use radio frequencies from the Assistant Secretary of Commerce for Communications and Information to carry out demonstration projects designed to demonstrate the energy conservation potential of communications technologies.

Amends the Communications Act of 1934 to exempt from restrictions on the use of automated telephone equipment calls to a telephone number assigned to a cellular telephone service that are not charged to the called party subject to conditions in the interest of privacy rights.

Title V: Miscellaneous - Exempts from Federal criminal code provisions restricting advertising for lotteries advertisements or other information concerning lotteries or gift enterprises conducted in a State in which they are authorized by statute to be conducted.

Feb 25, 199236

Telephone Disclosure and Dispute Resolution Act - Title I: Audiotext Industry Obligations and Consumer Rights - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), within 270 days, to complete a rulemaking proceeding to establish a system for the oversight and regulation of audiotext services.

Requires the FCC's final rules to: (1) include measures that provide a consumer of audiotext services with adequate and clear descriptions of the rights of the caller; (2) define the obligations of common carriers with respect to the provision of such services; (3) include requirements on such carriers to protect against abusive practices by providers of such services; (4) prohibit customers from being disconnected from local exchange services for refusal to pay for such services; and (5) identify procedures by which common carriers and providers of such services may take affirmative steps to protect against nonpayment of legitimate charges.

Specifies that such regulations shall prohibit any common carrier from offering audiotext services of any provider of such services who fails to: (1) include in each audiotext message an introductory disclosure message that describes the service being provided, specifies clearly and at a reasonably understandable volume the total cost or cost per minute and any other fees for such service and for any other audiotext service to which the caller may be transferred, informs the caller of the option to hang up at the end of the introductory message without incurring any charge, and informs the caller that parental consent is required for calls made by children; (2) disable any bypass mechanism which allows frequent callers to avoid listening to the disclosure message after the institution of any price increase and for a period of time sufficient to give frequent callers sufficient notice of the price change; (3) stop the assessment of time-based charges immediately upon disconnection by the caller; (4) include an appropriate and clear signal at intervals determined by the FCC, where technically feasible, during live interactive group programs, to alert callers to the passage of time, and explain such signal in the disclosure required for such program, except with respect to programs for which the caller is required to preregister or presubscribe; and (5) comply with such additional standards as the FCC may prescribe to prevent abusive practices. Directs that such regulations require that any common carriers offering audiotext services: (1) require, pursuant to contract or tariff, that a provider of audiotext services comply with regulations issued pursuant to such Act and terminate the offering of an audiotext service of a provider if such service is not provided in compliance with such regulations; (2) ensure that a caller is not billed with respect to services provided in violation of such regulations or under such other circumstances as the FCC determines necessary to protect callers from abusive practices; (3) establish a local or toll-free telephone number to answer questions and provide information on callers' rights and obligations with regard to their use of audiotext services offered by the common carrier; (4) within 60 days after the issuance of final regulations, provide to all of such common carrier's telephone subscribers a disclosure statement that clearly sets forth all rights and obligations held by the subscriber and the carrier with respect to the use and payment for audiotext services, describes any nonpayment option prescribed by the FCC and the applicable blocking option, and provides an explanation of live interactive programming; (5) ensures that charges for audiotext services are stated separately on the bill from the sections relating to local and long distance telephone charges and that such statement includes the common carrier's toll-free telephone number; (6) notify in writing the State regulatory commission of any State within which the carrier intends to offer audiotext services of such intention, including a description of the service to be provided and a list of the carrier's policies and procedures; (7) make available to such State regulatory commission, upon request, a list of audiotext telephone numbers accessible by callers within that State through such carrier, including the name, business address, and business telephone number of the audiotext provider; and (8) obtain from any provider of audiotext services that solicits charitable contributions proof of tax exempt status.

Specifies that such regulations shall require that any local exchange carrier carrying audiotext services must offer callers the option of blocking access to all audiotext services for their telephone, whenever technologically feasible. Allows such regulation to permit the costs of such blocking to be recovered by contract or tariff, but specifies that such costs may not be recovered from local or long distance ratepayers. Directs that such option be offered without charge to the caller for a reasonable period (established by FCC regulations) after the effective date of such regulation, an initial connection, or subscription for any new telephone line.

Specifies that such regulations may exempt from introductory message requirements: (1) calls from frequent callers or regular subscribers using a bypass mechanism to avoid listening to the disclosure message required by such regulations; or (2) audiotext services provided at nominal charges.

Directs: (1) that such regulations establish procedures, consistent with provisions of this Act, to ensure that carriers offering audiotext services and other parties provide appropriate refunds to callers who have been billed for audiotext services pursuant to programs found to have violated such Act, such regulations, or any other Federal, State, or local consumer protection law; and (2) the FCC, within one year, to submit to the Congress its recommendations with respect to the extension of such regulations to services that provide, for a per call charge, data services that are not audiotext services.

Specifies that no cause of action may be brought in any court or administrative agency against a common carrier or its affiliates on account of any act of the carrier or affiliate and which the carrier or affiliate takes in good faith to terminate an audiotext service in order to comply with the regulations prescribed under such Act.

Title II: Use of the 900 Telephone Number - Directs the Federal Trade Commission (FTC) to prescribe rules for any advertisement for services or products procured through the use of a telephone number with a 900 or other access code under which liability for the service or product provided attaches to the telephone bill of the individual calling such number which require that the person offering such services or products: (1) clearly disclose in any advertising the cost of the use of such number; (2) in the case of an advertisement which offers a prize or award, clearly disclose the odds of receiving such prize or award; (3) in the case of individuals under age 18 using such number, clearly state, where appropriate, that such individual must have the consent of such individual's parent or legal guardian for the use of such number; and (4) be prohibited from using ads that emit electronic tones which can automatically dial a pay-per-call number.

Requires the FTC to require a common carrier that provides such services to make available to the FTC any records and financial information maintained by such carrier relating to the arrangements (other than for the provision of local exchange service) between such carrier and the vendor.

Sets forth additional provisions with respect to FTC rulemaking and enforcement.

Authorizes the States to bring civil actions to enjoin telemarketing, enforce compliance with FTC regulations, obtain damages on behalf of their residents, or obtain further appropriate relief whenever a State attorney general has reason to believe that the interests of State residents have been or are being threatened or adversely affected because a person has engaged in or is engaging in a pattern or practice which violates FTC rules promulgated pursuant to this Act, subject to notice provisions. Bars States from instituting such actions during the pendency of a civil action by the FTC for a violation of a rule, but does not bar actions by other State officials from proceeding in State court on the basis of an alleged violation of any State general civil or criminal statute.

Provides for principal enforcement of this title by the FTC under the Federal Trade Commission Act.

Title III: Telephone Services Billing and Collection - Authorizes a customer to initiate a billing review with respect to a telephone-billed purchase by sending, within 30 days after receipt of a billing statement from a billing carrier that contains a charge for such purchase, a written notice to such billing carrier in which the customer: (1) sets forth or otherwise enables such carrier to identify the name of the customer and the telephone number to which the charge was billed; (2) indicates the customer's belief that the statement contains a billing error that relates to a telephone-billed purchase and the amount of the error; and (3) sets forth the reasons for the belief that the statement contains a billing error.

Sets forth provisions with respect to: (1) the response by a billing carrier and a providing carrier to such notice; (2) investigations concerning the delivery of telephone-billed purchases; (3) termination of providing carrier responsibility; (4) permitted actions by billing carriers; (5) collection actions; and (6) forfeiture of rights by a billing or providing carrier who fails to comply with provisions of this Act.

Bars a vendor, billing carrier, providing carrier, or its agents (vendor), after receiving a notice contesting the charge, from threatening to report to any person adversely on the customer's credit rating or credit standing because of the customer's failure to pay the amount in dispute, to report such amount as delinquent to any third party until the billing or providing carrier has met the requirements of this title and has allowed the customer 20 days thereafter to make payment, or, upon receiving a further written notice from a customer that the amount is still in dispute, from reporting that the customer's account is in arrears because of failure to pay such amount without reporting that the amount is in dispute and notifying the customer of the name and address of each party to whom the vendor is reporting information concerning the arrearage. Requires such vendor to report any subsequent resolution of the matter to the parties to whom such matter was initially reported.

Specifies that: (1) with respect to any telephone-billed purchase where the vendor is a person other than the billing carrier, and where the vendor accepts or allows a forgiveness of a debit for such purchase, the vendor shall promptly transmit to the billing carrier a credit statement and the billing carrier shall credit the customer's account for the purchase amount; and (2) a billing or providing carrier who seeks to collect charges for a telephone-billed purchase from a customer for a vendor shall be subject to all (except tort) claims and defenses arising out of any such purchase in which the customer's telephone billing account is used as a method for collection, if the customer has made a good faith attempt to obtain a satisfactory resolution of the dispute (but limits the billing carrier's liability to the amount billed to the customer for the purchase).

Sets forth provisions with respect to: (1) resolving inconsistencies between State laws with respect to telephone billing practices and this title; (2) regulatory exemptions from this title which may be granted by the FTC of transactions within a State offering substantially similar or greater protection to the consumer; and (3) enforcement of this title.

Directs the FTC to conduct an ongoing study of the need to develop and implement additional provisions to prevent evasions of the requirements of this title.

Sets forth reporting requirements.

Oct 29, 199135

900 Services Consumer Protection Act of 1991 - Requires the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to initiate coordinated rulemaking proceedings to establish a consistent system for oversight and regulation of pay-per-call services in order to provide for the protection of consumers in accordance with this Act.

Requires that the rules or regulations issued by the FTC require that a pay-per-call service: (1) describe the service and all charges in an introductory disclosure message; (2) enable the caller to hang up before the end of the introductory message without incurring any charge; (3) give repeat callers notice of any rate increases during the introductory message; (4) not be aimed at children under 12, unless it is an educational service; and (5) prohibit the use of a toll-free number under which a caller would be automatically connected to an access number for a pay-per-call service.

Requires that the rules or regulations issued by the FCC include the following requirements for common carriers: (1) a common carrier which contracts with a provider of pay-per-call service must make available on request a list of access numbers for each pay-per-call service it carries, a description of each service, a statement of charges, and other applicable information the FCC considers necessary; (2) a common carrier shall not disconnect a subscriber's local or long distance service because of nonpayment for any pay-per-call service; (3) a common carrier that provides local exchange service shall offer subscribers the option of blocking access to pay-per-call services; and (4) a common carrier that engages in billing and collection of charges for pay-per-call services shall offer subscribers the option of canceling charges for pay-per-call services in instances of unauthorized use or misunderstanding of such charges at the time of use, annually send to subscribers a specified disclosure statement, clearly separate pay-per-call services in any billing, have the right to recover the carrier's compliance costs, and stop the assessment of time-based charges upon disconnection by the caller.

Requires the rules issued by the FTC to: (1) require any provider of a pay-per-call service to include in any advertisement specified information concerning charges; (2) require that whenever the number to be called is shown on television and print media advertisements the charges will be displayed clearly and conspicuously for the same duration that the number is displayed; (3) prohibit any pay-per-call service to emit tones during an advertisement that can automatically dial an access number; (4) require any telephone message soliciting calls to a pay-per-call service to clearly specify the charges; and (5) prohibit any person from advertising a toll-free telephone number from which a caller can or will be automatically connected to an access number for a pay-per-call number.

Requires the FCC to consider adopting certain rules, including that a pay-per-call service: (1) automatically disconnect a caller after one full cycle of program; and (2) include a beep tone or other clear signal marking the passage of time.

Specifies that nothing in this Act shall affect provisions of the Communications Act of 1934 concerning obscene or harassing phone calls.

Exempts a common carrier from civil or criminal liability under this Act solely because it provided transmission or billing and collection services for a pay-per-call service that violated provisions of this Act.

Sets forth provisions providing for enforcement of this Act, including: (1) criminal penalties and forfeiture penalties of the Communications Act of 1934; (2) penalties under the Federal Trade Commission Act; and (3) enforcement by States.

Directs the FTC to conduct a study of and report to the Congress concerning the acquisition and use by pay-per-call providers of callers' telephone numbers.

Jul 29, 199100

900 Services Consumer Protection Act of 1991 - Requires the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to initiate coordinated rulemaking proceedings to establish a consistent system for oversight and regulation of pay-per-call services in order to provide for the protection of consumers in accordance with this Act.

Requires that the rules or regulations issued by the FTC require that a pay-per-call service: (1) describe the service and all charges in an introductory disclosure message; (2) enable the caller to hang up before the end of the introductory message without incurring any charge; (3) give repeat callers notice of any rate increases during the introductory message; (4) not be aimed at children under 12, unless it is an educational service; and (5) prohibit the use of a toll-free number under which a caller would be automatically connected to an access number for a pay-per-call service.

Requires that the rules or regulations issued by the FCC include the following requirements for common carriers: (1) a common carrier which contracts with a provider of a pay-per-call service must make available on request a list of access numbers for each pay-per-call service it carries, a description of each service, a statement of charges, and other applicable information the FCC considers necessary; (2) a common carrier shall not disconnect a subscriber's local or long distance service because of nonpayment for any pay-per-call service; (3) a common carrier that provides local exchange service shall offer subscribers the option of blocking access to pay-per-call services; and (4) a common carrier that engages in billing and collection of charges for pay-per-call services shall offer subscribers the option of canceling charges for pay-per-call service in instances of unauthorized use or misunderstanding of such charges at the time of use, annually send to subscribers a specified disclosure statement, clearly separate pay-per-call services in any billing, have the right to recover the carrier's compliance costs, and stop the assessment of time-based charges upon disconnection by the caller.

Requires the rules issued by the FTC to: (1) require any provider of a pay-per-call service to include in any advertisement specified information concerning charges; (2) require that whenever the number to be called is shown on television and print media advertisements the charges will be displayed clearly and conspicuously for the same duration that the number is displayed; (3) prohibit any pay-per-call service to emit tones during an advertisement that can automatically dial an access number; (4) require any telephone message soliciting calls to a pay-per-call service to clearly specify the charges; and (5) prohibit any person from advertising a toll-free telephone number from which a caller can or will be automatically connected to an access number for a pay-per-call number.

Requires the FCC to consider adopting certain rules, including that a pay-per-call service: (1) automatically disconnect a caller after one full cycle of program; and (2) include a beep tone or other clear signal marking the passage of time.

Specifies that nothing in this Act shall affect provisions of the Communications Act of 1934 concerning obscene or harassing phone calls.

Sets forth provisions providing for enforcement of this Act, including: (1) criminal penalties and forfeiture penalties of the Communications Act of 1934; (2) penalties under the Federal Trade Commission Act; and (3) enforcement by States.

Directs the FTC to conduct a study of and report to the Congress concerning the acquisition and use by pay-per-call providers of callers' telephone numbers.