IIB 
110TH CONGRESS 
2D SESSION 
H. R. 3402 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008 
Received 
OCTOBER 2 (legislative day, SEPTEMBER 17), 2008 
Read twice and referred to the Committee on Commerce, Science, and 
Transportation 
AN ACT 
To require accurate and reasonable disclosure of the terms 
and conditions of prepaid telephone calling cards and 
services. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Calling Card Consumer 
Protection Act’’. 
SEC. 2. DEFINITIONS. 
For purposes of this Act, the following definitions 
apply: 
(1) The term ‘‘Commission’’ means the Federal 
Trade Commission. 
(2) The term ‘‘prepaid calling card’’ has the 
meaning given the term ‘‘prepaid calling card’’ by 
section 64.5000(a) of the Federal Communications 
Commission’s regulations (47 C.F.R. 64.5000(a)). 
Such term shall also include calling cards that use 
VoIP service or a successor protocol. Such term 
shall also include an electronic or other mechanism 
that allows users to pay in advance for a specified 
amount of calling. Such term shall not include— 
(A) calling cards or other rights of use 
that are provided for free or at no additional 
cost as a promotional item accompanying a 
product or service purchased by a consumer; 
(B) any card, device, or other right of use, 
the purchase of which establishes a customer- 
carrier relationship with a provider of wireless 
telecommunications service or wireless hybrid 
service, or that provides access to a wireless 
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quired under subsection (a) shall be displayed 
in plain English language (except as provided in 
paragraph (2)) in a clear and conspicuous man-
ner and location on the Internet website that 
the consumer must access prior to purchasing 
such card. 
(C) 
ADVERTISING
AND
OTHER
PRO-
MOTIONAL
MATERIAL.—Any advertising for a 
prepaid calling card that contains any represen-
tation, expressly or by implication, regarding 
the dollar value, the per minute rate, or the 
number of minutes provided by the card shall 
include in a clear and conspicuous manner and 
location all the disclosures described in sub-
section (a). 
(2) FOREIGN LANGUAGES.—If a language other 
than English is prominently used on a prepaid call-
ing card, its packaging, or in point-of-sale adver-
tising, Internet advertising, or promotional material 
for such card, the disclosures required by this sec-
tion shall be disclosed in that language on such card, 
packaging, advertisement, or promotional material. 
(c) MINUTES ANNOUNCED, PROMOTED, OR ADVER-
TISED THROUGH VOICE PROMPTS.—Any information pro-
vided to a consumer by any voice prompt given to the con-
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sumer at the time the consumer uses the prepaid calling 
card relating to the remaining value of the calling card 
or the number of minutes available from the calling card 
shall be accurate, taking into account the application of 
the fees and additional charges required to be disclosed 
under subsection (a). 
(d) DISCLOSURES REQUIRED UPON PURCHASE OF 
ADDITIONAL MINUTES.—If a prepaid calling card permits 
a consumer to add value to the card or purchase additional 
minutes after the original purchase of the prepaid calling 
card, any changes to the rates or additional charges re-
quired to be disclosed under subsection (a) shall apply only 
to the additional minutes to be purchased and shall be 
disclosed to the consumer before the completion of such 
purchase. 
SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION. 
(a) UNFAIR AND DECEPTIVE ACT OR PRACTICE.— 
A violation of section 3 shall be treated as a violation of 
a rule defining an unfair or deceptive act or practice pre-
scribed under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(b) AUTHORITY OF THE COMMISSION.—The Commis-
sion shall enforce this Act in the same manner and by 
the same means as though all applicable terms and provi-
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sions of the Federal Trade Commission Act were incor-
porated into and made a part of this Act. Notwithstanding 
any provision of the Federal Trade Commission Act or any 
other provision of law and solely for purposes of this Act, 
common carriers subject to the Communications Act of 
1934 (47 U.S.C. 151 et seq.) and any amendment thereto 
shall be subject to the jurisdiction of the Commission. 
(c) RULEMAKING AUTHORITY.—Not later than 180 
days after the date of enactment of this Act, the Commis-
sion shall, in consultation with the Federal Communica-
tions Commission and in accordance with section 553 of 
title 5, United States Code, issue regulations to carry out 
this Act. In promulgating such regulations, the Commis-
sion shall— 
(1) take into consideration the need for clear 
disclosures that provide for easy comprehension and 
comparison by consumers, taking into account the 
size of prepaid calling cards; and 
(2) give due consideration to the views of the 
Federal Communications Commission with regard to 
matters for which that Commission has particular 
expertise and authority and shall take into consider-
ation the views of States. 
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In promulgating such regulations, the Commission shall 
not issue regulations that otherwise affect the rates, 
terms, and conditions of prepaid calling cards. 
(d) SAVINGS PROVISION.—Nothing in this Act shall 
be construed to limit the authority of the Commission 
under any other provision of law. Except to the extent ex-
pressly provided in this Act, nothing in this Act shall be 
construed to alter or affect the exemption for common car-
riers provided by section 5(a)(2) of the Federal Trade 
Commission Act (15 U.S.C. 45(a)(2)). Nothing in this Act 
is intended to limit the authority of the Federal Commu-
nications Commission. 
SEC. 5. STATE ENFORCEMENT. 
(a) IN GENERAL.— 
(1) CIVIL ACTIONS.—In any case in which the 
attorney general of a State, a State utility commis-
sion, or other consumer protection agency has rea-
son to believe that an interest of the residents of 
that State has been or is threatened or adversely af-
fected by the engagement of any person in a practice 
that is prohibited under this Act, the State utility 
commission or other consumer protection agency, if 
authorized by State law, or the State, as parens 
patriae, may bring a civil action on behalf of the 
residents of that State in a district court of the 
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United States of appropriate jurisdiction, or any 
other court of competent jurisdiction to— 
(A) enjoin that practice; 
(B) enforce compliance with this Act; 
(C) obtain damage, restitution, or other 
compensation on behalf of residents of the 
State; or 
(D) obtain such other relief as the court 
may consider to be appropriate. 
(2) NOTICE TO THE COMMISSION.— 
(A) IN GENERAL.—Before filing an action 
under paragraph (1), the State shall provide to 
the Commission— 
(i) written notice of the action; and 
(ii) a copy of the complaint for the ac-
tion. 
(B) EXEMPTION.— 
(i) IN GENERAL.—Subparagraph (A) 
shall not apply with respect to the filing of 
an action by a State under this subsection, 
if the attorney general or other appropriate 
officer determines that it is not feasible to 
provide the notice described in that sub-
paragraph before the filing of the action. 
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