Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.39 - Unauthorized Product or Service Charges on Telephone Bills › Rule 38.5.3901 - CUSTOMER AUTHORIZATION REQUIRED PRIOR TO PLACEMENT OF CHARGES ON CUSTOMERS' TELEPHONE BILL

Current through Register Vol. 13, July 5, 2024
(1) A
				telecommunications carrier or other entity that is neither the customer's
				selected provider of local exchange service nor selected provider of
				interexchange service may not initiate the placement on a customer's
				telecommunications bill of charges for services or products except:
(a) When the service is a customer initiated
				and controlled selection or approval of a calling method, such as dial-around
				or acceptance of a collect call, or a customer initiated and controlled
				selection of an available service which will facilitate completing a call, such
				as directory assistance or operator assistance, if the charges for such
				calling-method and call-facilitation services are assessed on a per-use basis
				only and no further obligation of any kind extends to the customer;
(b) When the telecommunications provider or
				other entity initiating the placement of charges has obtained the customer's
				written or electronic signature authorization in a form that meets the letter
				of agency form and content requirements in ARM
				38.5.3904;
(c) When the telecommunications provider or
				other entity initiating the placement of charges has obtained the customer's
				electronic authorization to submit the order for the product or service that
				confirms the information described in the letter of agency form and content in
				ARM 38.5.3904. Carriers or other entities electing to confirm customer
				authorizations electronically shall establish one or more toll-free telephone
				numbers exclusively for that purpose. Calls to the number(s) will connect a
				customer to a voice response unit, or similar mechanism, that records the
				required information regarding the authorization for services or products,
				including automatically recording the originating automatic number
				identification; or
(d) When a
				qualified and independent third party operating in a location physically
				separate from the carrier's or other entity's telemarketing representative has
				obtained a customer's verbal authorization for the product or service,
				providing the third party verification includes:
(i) a statement that the purpose of the call
				is to verify the customer's intent to order the product or service. The product
				or service and all charges applicable to the product or service must be clearly
				identified to the customer;
(ii)
				confirmation that the person whose authorization for a product or service is
				being verified is the subscriber on the billed telecommunications account or a
				person authorized by the subscriber to make decisions regarding the billed
				telephone account on behalf of the subscriber;
(iii) verification data unique to the
				customer (e.g., the customer's date of birth or social security number) ;
				and
(iv) the name and toll free
				telephone number of the provider of the requested product or service.