
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC5711]

 
                      TITLE 15--COMMERCE AND TRADE
 
         CHAPTER 83--TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION
 
 SUBCHAPTER I--REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN 
                  CONNECTION WITH PAY-PER-CALL SERVICES
 
Sec. 5711. Federal Trade Commission regulations


(a) In general

                     (1) Advertising regulations

        The Commission shall prescribe rules in accordance with this 
    subsection to prohibit unfair and deceptive acts and practices in 
    any advertisement for pay-per-call services. Such rules shall 
    require that the person offering such pay-per-call services--
            (A) clearly and conspicuously disclose in any advertising 
        the cost of the use of such telephone number, including the 
        total cost or the cost per minute and any other fees for that 
        service and for any other pay-per-call service to which the 
        caller may be transferred;
            (B) in the case of an advertisement which offers a prize or 
        award or a service or product at no cost or for a reduced cost, 
        clearly and conspicuously disclose the odds of being able to 
        receive such prize, award, service, or product at no cost or 
        reduced cost, or, if such odds are not calculable in advance, 
        disclose the factors determining such odds;
            (C) in the case of an advertisement that promotes a service 
        that is not operated or expressly authorized by a Federal agency 
        but that provides information on a Federal program, include at 
        the beginning of such advertisement a clear disclosure that the 
        service is not authorized, endorsed, or approved by any Federal 
        agency;
            (D) shall not direct such advertisement at children under 
        the age of 12, unless such service is a bona fide educational 
        service;
            (E) in the case of advertising directed primarily to 
        individuals under the age of 18, clearly and conspicuously state 
        in such advertising that such individual must have the consent 
        of such individual's parent or legal guardian for the use of 
        such services;
            (F) be prohibited from using advertisements that emit 
        electronic tones which can automatically dial a pay-per-call 
        telephone number;
            (G) ensure that, whenever the number to be called is shown 
        in television and print media advertisements, the charges for 
        the call are clear and conspicuous and (when shown in television 
        advertisements) displayed for the same duration as that number 
        is displayed;
            (H) in delivering any telephone message soliciting calls to 
        a pay-per-call service, specify clearly, and at no less than the 
        audible volume of the solicitation, the total cost and the cost 
        per minute and any other fees for that service and for any other 
        pay-per-call service to which the caller may be transferred; and
            (I) not advertise an 800 telephone number, or any other 
        telephone number advertised or widely understood to be toll 
        free, from which callers are connected to an access number for a 
        pay-per-call service.

                 (2) Pay-per-call service standards

        The Commission shall prescribe rules to require that each 
    provider of pay-per-call services--
            (A) include in each pay-per-call message an introductory 
        disclosure message that--
                (i) describes the service being provided;
                (ii) specifies clearly and at a reasonably 
            understandable volume the total cost or the cost per minute 
            and any other fees for that service and for any other pay-
            per-call service to which the caller may be transferred;
                (iii) informs the caller that charges for the call begin 
            at the end of the introductory message;
                (iv) informs the caller that parental consent is 
            required for calls made by children; and
                (v) in the case of a pay-per-call service that is not 
            operated or expressly authorized by a Federal agency but 
            that provides information on any Federal program, a 
            statement that clearly states that the service is not 
            authorized, endorsed, or approved by any Federal agency;

            (B) enable the caller to hang up at or before the end of the 
        introductory message without incurring any charge whatsoever;
            (C) not direct such services at children under the age of 
        12, unless such service is a bona fide educational service;
            (D) stop the assessment of time-based charges immediately 
        upon disconnection by the caller;
            (E) disable any bypass mechanism which allows frequent 
        callers to avoid listening to the disclosure message described 
        in subparagraph (A) after the institution of any price increase 
        and for a period of time sufficient to give such frequent 
        callers adequate and sufficient notice of the price change;
            (F) be prohibited from providing pay-per-call services 
        through an 800 number or other telephone number advertised or 
        widely understood to be toll free;
            (G) be prohibited from billing consumers in excess of the 
        amounts described in the introductory message and from billing 
        for services provided in violation of the rules prescribed by 
        the Commission pursuant to this section;
            (H) ensure that any billing statement for such provider's 
        charges shall--
                (i) display any charges for pay-per-call services in a 
            part of the consumer's bill that is identified as not being 
            related to local and long distance telephone charges; and
                (ii) for each charge so displayed, specify, at a 
            minimum, the type of service, the amount of the charge, and 
            the date, time, and duration of the call;

            (I) be liable for refunds to consumers who have been billed 
        for pay-per-call services pursuant to programs that have been 
        found to have violated the regulations prescribed pursuant to 
        this section or subchapter II of this chapter or any other 
        Federal law; and
            (J) comply with such additional standards as the Commission 
        may prescribe to prevent abusive practices.

                      (3) Access to information

        The Commission shall by rule require a common carrier that 
    provides telephone services to a provider of pay-per-call services 
    to make available to the Commission any records and financial 
    information maintained by such carrier relating to the arrangements 
    (other than for the provision of local exchange service) between 
    such carrier and any provider of pay-per-call services.

                            (4) Evasions

        The rules issued by the Commission under this section shall 
    include provisions to prohibit unfair or deceptive acts or practices 
    that evade such rules or undermine the rights provided to customers 
    under this subchapter, including through the use of alternative 
    billing or other procedures.

                           (5) Exemptions

        The regulations prescribed by the Commission pursuant to 
    paragraph (2)(A) may exempt from the requirements of such 
    paragraph--
            (A) calls from frequent callers or regular subscribers using 
        a bypass mechanism to avoid listening to the disclosure message 
        required by such regulations, subject to the requirements of 
        paragraph (2)(E); or
            (B) pay-per-call services provided at nominal charges, as 
        defined by the Commission in such regulations.

              (6) Consideration of other rules required

        In conducting a proceeding under this section, the Commission 
    shall consider requiring, by rule or regulation, that providers of 
    pay-per-call services--
            (A) automatically disconnect a call after one full cycle of 
        the program; and
            (B) include a beep tone or other appropriate and clear 
        signal during a live interactive group program so that callers 
        will be alerted to the passage of time.

            (7) Special rule for infrequent publications

        The rules prescribed by the Commission under subparagraphs (A) 
    and (G) of paragraph (1) may permit, in the case of publications 
    that are widely distributed, that are printed annually or less 
    frequently, and that have an established policy of not publishing 
    specific prices, advertising that in lieu of the cost disclosures 
    required by such subparagraphs, clearly and conspicuously disclose 
    that use of the telephone number may result in a substantial charge.

                       (8) Treatment of rules

        A rule issued under this subsection shall be treated as a rule 
    issued under section 57a(a)(1)(B) of this title.

(b) Rulemaking

    The Commission shall prescribe the rules under subsection (a) of 
this section within 270 days after October 28, 1992. Such rules shall be 
prescribed in accordance with section 553 of title 5.

(c) Enforcement

    Any violation of any rule prescribed under subsection (a) of this 
section shall be treated as a violation of a rule respecting unfair or 
deceptive acts or practices under section 45 of this title. 
Notwithstanding section 45(a)(2) of this title, communications common 
carriers shall be subject to the jurisdiction of the Commission for 
purposes of this subchapter.

(Pub. L. 102-556, title II, Sec. 201, Oct. 28, 1992, 106 Stat. 4187.)

                  Section Referred to in Other Sections

    This section is referred to in sections 5712, 5713, 5714 of this 
title.
