Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 7 - TELEPHONE UTILITIES › Rule 1.3 - Communications Customer Service Rights and Responsibilities › Section 1.3-8.1 - Unauthorized switching of telecommunications providers; billing for telecommunications or other services added without customer's consent

Current through July 10, 2024
Authority: IC 8-1
Affected: IC 8-1-2-4
Sec. 8.1.
(a) The
				definitions in
				170 IAC 7-1.3-2 apply
				to this rule.
(b) No prospective
				PIC shall submit to a LEC a PIC change order generated by telemarketing unless
				the prospective PIC has first obtained express authorization from the customer.
				No prospective LEC shall submit a PLEC change order generated by telemarketing
				unless the prospective LEC has first obtained express authorization from the
				customer.
(c) The prospective PIC
				or prospective LEC shall confirm the express authorization through one (1) of
				the following procedures:
(1) The prospective
				PIC or prospective LEC shall obtain the customer's written or electronic
				authorization in a form that meets the requirements of subsections (e) through
				(n).
(2) The prospective PIC or
				prospective LEC shall obtain the customer's electronic authorization, placed
				from the telephone number or numbers on which the PIC or PLEC is to be changed,
				to submit a PIC or PLEC change order. The authorization shall include the
				information described in subsection (i). Prospective PICs or prospective LECs
				electing to confirm sales electronically shall establish one (1) or more toll
				free telephone numbers exclusively for that purpose. A call to the number or
				numbers will connect a customer to a voice response unit, or similar mechanism,
				that records the required information regarding the PIC or PLEC change,
				including automatically recording the automatic number identification
				(ANI).
(3) An appropriately
				qualified and independent third party shall obtain the customer's oral
				authorization to submit the PIC or PLEC change order. The authorization shall
				confirm and include appropriate verification data, for example, the customer's
				date of birth, mother's maiden name, or Social Security number or part thereof.
				The authorization is valid only if the entity that obtained the authorization:
(A) is independent of the prospective PIC or
				prospective LEC or the telemarketing representative of the prospective PIC or
				prospective LEC;
(B) complies with
				this section regarding changes to telecommunications carriers;
(C) has a written policy regarding customer
				complaints and abides by that policy;
(D) has a written policy requiring the
				maintenance and storage of recorded electronic authorizations for a minimum
				period of one (1) year and abides by that policy;
(E) has a written script that it uses when
				obtaining verifications, and the script provides clear and unambiguous notice
				to the customer:
(i) that the customer is
				authorizing a change in PIC or PLEC;
(ii) of the identity of the new PIC or
				PLEC;
(iii) of a toll free or local
				number of the LEC that the customer can call to verify whether the change has
				occurred;
(iv) that, for any one
				(1) telephone number:
(AA) only one (1)
				prospective PIC may be designated as the subscriber's inter-LATA PIC;
(BB) only one (1) prospective PIC may be
				designated as the subscriber's intra-LATA PIC; and
(CC) only one (1) intrastate PLEC may be
				designated as the subscriber's PLEC;
(v) that the PIC change will automatically
				apply to both inter-LATA and intra-LATA long distance service offerings unless
				the customer directs otherwise; and
(vi) that the carrier change can be
				effectuated once the verification has been completed in full, even when the
				consumer has additional questions for the sales representative after the
				verification process;
(F) is in a location that is physically
				separate from that of the prospective PIC or prospective LEC or the
				telemarketing representative of the prospective PIC or prospective LEC;
				and
(G) records the date of
				verification at the time of the verification such that it is readily
				identifiable by parties that review the verification at a later date.