An Act To Strengthen Maine's Consumer Protections against Slamming (AFfER DEADLINE)
Maine Legislature, Session 123, LD 2269
Committee: Utilities and Energy
Sponsors: RINES, BARTLETT, BERRY, CAREY, CROCKETT, FITTS, PINGREE, PRATT, SILSBY, SMITH
Amends: 35-A MRSA §7106

Legislative Document 
No. 2269 
H.P.1632 
House of Representatives, March 20, 2008 
An Act To Strengthen Maine's Consumer Protections against 
"Slamming" 
(AFfER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative RINES of Wiscasset. 
Cosponsored by Senator BARTLETT of Cumberland and 
It/~ 
1J7. 7!ldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Bowdoinham, CAREY of Lewiston, CROCKETT of Augusta, 
FITTS of Pittsfield, PINGREE of North Haven, PRATT of Eddington, SILSBY of Augusta, 
Senator: SMITH of Piscataquis. 
Printed on recyc leu paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §7106, sub-§l, ~A, as amended by PL 2003, c. 530, §1, is 
further amended to read: 
A. Notwithstanding Title 32, chapter 69, subchapter 5 or Title 32, section 14716, and 
except as otherwise provided by the commission by rule adopted pursuant to 
subsection 3, a local or intrastate interexchange carrier may not initiate the change of 
a customer's local or intrastate carrier without the customer's express authorization 
and unless the change is verified by one of the following methods: 
(1) Written or electronically signed authorization from the customer; 
(2) Toll-free electronic authorization placed from the telephone number that is 
lIthe subject of the change order; or 
(3) Oral authorization obtained by an independent 3rd party. 
Sec. 2. 35-A MRSA §7106, sub-§l-A is enacted to read: 
I-A. Audio recording; requirement. A local or intrastate interexchange carrier 
may not misrepresent its identity or services when discussing its services with a potential 
customer. To demonstrate compliance with this subsection, a carrier shall make an audio 
recording of any telephone conversation it has with a prospective customer who 
ultimately authorizes the change to that carrier. The carrier shall preserve for 24 months 
from the date of the authorized change all recordings required by this subsection. 
Sec. 3. 35-A MRSA §7106, sub-§6 is enacted to read: 
6. 
Customer education. 
The commission shall periodically inform telephone 
customers in the State of the protections and rights provided by this section. 
SUMMARY 
This bill prohibits a local or intrastate interexchange carrier of telecommunications 
services from initiating a change of a customer's carrier without the customer's express 
authorization. This bill also prohibits such a carrier from misrepresenting its identity or 
services when conversing with potential customers and requires that the carrier make and 
retain audio recordings of telephone conversations with customers who authorize a 
change of carriers. The bill requires the Public Utilities Commission to inform customers 
of the protections and rights regarding the unauthorized change of carrier. 
Page I - 123LR3560(Ol)-1