Calling Card Consumer Protection Act

Bill: 110-hr-3402
Sponsor: Rep. Engel, Eliot L. [D-NY-17]
Introduced: 2007-08-03 in the House
Policy area: Science, Technology, Communications
Subjects: Civil actions and liability
Commerce
Consumer education
Consumer protection
Fees
Government Operations and Politics
Injunctions
Law
Parties to actions
Restrictive trade practices
Telecommunication industry
Telecommunication rates
Telephone
Wireless communication

Summary:
action_date: 2007-08-03
text: 
Calling Card Consumer Protection Act - Requires prepaid telephone calling service providers or prepaid telephone calling card distributors to disclose certain information, including the total value in dollars or the number of calling minutes, a description of all terms and conditions, and the service provider's name, customer service number, and hours of service. 
 
Makes it unlawful for any provider or distributor to impose any charge or fee not so disclosed or provide fewer minutes than disclosed. Regulates expiration. Makes it unlawful to charge for unconnected calls.
 
Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act and requires the Federal Trade Commission (FTC) to enforce this Act. 
 
Provides for state enforcement. 

action_date: 2008-09-25
text: 
Calling Card Consumer Protection Act - (Sec. 3) Requires providers or distributors of prepaid calling cards, including cards that use interconnected Voice over Internet Protocol (VoIP) or a successor protocol, to clearly and conspicuously disclose information about: (1) the provider's name, customer service number, and hours of service; (2) the card's number of minutes or dollar value; (3) per minute rates or a toll-free number to obtain rates; (4) fees and charges; (5) time period limits, any predetermined decrease in value over a period of time, and expiration dates; and (6) refund and recharge policies.
 
(Sec. 4) Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act and requires the Federal Trade Commission (FTC) to enforce this Act. Gives the FTC, for this Act, jurisdiction over common carriers subject to the Communications Act of 1934, notwithstanding any other provision of law.
 
(Sec. 5) Allows civil enforcement actions to be brought, except when an FTC action is pending, by a state attorney general, a state utilities commission, or a consumer protection agency for an injunction, to enforce this Act, to obtain damages, restitution, or other compensation on behalf of state residents, or for other relief. Allows actions under state laws.
 
Shields a distributor who is a retail seller of prepaid cards and who, with respect to such cards, is exclusively engaged in point-of-sale transactions from liability for damages unless the distributor acted with actual knowledge that the act or practice giving rise to the action is unfair or deceptive and is unlawful under this Act.
 
(Sec. 7) Prohibits a state, after final regulations are promulgated under this Act, from establishing or continuing in effect any provision of law that prescribes prepaid card disclosure requirements unless those requirements are identical to those in this Act.
 
(Sec. 8) Requires the Comptroller General to report to Congress on the effectiveness of this Act and its required disclosures.


Legislative actions:
action_date: 2008-10-02
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2008-09-26
text: Received in the Senate.
action_date: 2008-09-25
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-09-25
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H9935-9936)
action_date: 2008-09-25
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H9935-9936)
action_date: 2008-09-25
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3402.
action_date: 2008-09-25
text: Considered under suspension of the rules. (consideration: CR H9935-9938)
action_date: 2008-09-25
text: Mr. Rush moved to suspend the rules and pass the bill, as amended.
action_date: 2008-09-23
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2008-09-23
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-09-16
text: Forwarded by Subcommittee to Full Committee by Voice Vote .
action_date: 2008-09-16
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2007-08-03
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2007-08-03
text: Referred to the House Committee on Energy and Commerce.
action_date: 2007-08-03
text: Sponsor introductory remarks on measure. (CR 8/4/2007 E1764-1765)
action_date: 2007-08-03
text: Introduced in House
action_date: 2007-08-03
text: Introduced in House