
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC5721]

 
                      TITLE 15--COMMERCE AND TRADE
 
         CHAPTER 83--TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION
 
                  SUBCHAPTER II--BILLING AND COLLECTION
 
Sec. 5721. Regulations


(a) In general

                         (1) Rules required

        The Commission shall, in accordance with the requirements of 
    this section, prescribe rules establishing procedures for the 
    correction of billing errors with respect to telephone-billed 
    purchases. The rules prescribed by the Commission shall also include 
    provisions to prohibit unfair or deceptive acts or practices that 
    evade such rules or undermine the rights provided to customers under 
    this subchapter.

            (2) Substantial similarity to credit billing

        The Commission shall promulgate rules under this section that 
    impose requirements that are substantially similar to the 
    requirements imposed, with respect to the resolution of credit 
    disputes, under the Truth in Lending and Fair Credit Billing Acts 
    [15 U.S.C. 1601 et seq., 1666 et seq.].

                        (3) Treatment of rule

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

(b) Rulemaking schedule and procedure

    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 under section 45 of 
this title regarding unfair or deceptive acts or practices. 
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.

(d) Correction of billing errors and correction of credit reports

    In prescribing rules under this section, the Commission shall 
consider, with respect to telephone-billed purchases, the following:
        (1) The initiation of a billing review by a customer.
        (2) Responses by billing entities and providing carriers to the 
    initiation of a billing review.
        (3) Investigations concerning delivery of telephone-billed 
    purchases.
        (4) Limitations upon providing carrier responsibilities, 
    including limitations on a carrier's responsibility to verify 
    delivery of audio information or entertainment.
        (5) Requirements on actions by billing entities to set aside 
    charges from a customer's billing statement.
        (6) Limitations on collection actions by billing entities and 
    vendors.
        (7) The regulation of credit reports on billing disputes.
        (8) The prompt notification of credit to an account.
        (9) Rights of customers and telephone common carriers regarding 
    claims and defenses.
        (10) The extent to which the regulations should diverge from 
    requirements under the Truth in Lending and Fair Credit Billing Acts 
    [15 U.S.C. 1601 et seq., 1666 et seq.] in order to protect 
    customers, and in order to be cost effective to billing entities.

(Pub. L. 102-556, title III, Sec. 301, Oct. 28, 1992, 106 Stat. 4191.)

                       References in Text

    The Truth in Lending Act, referred to in subsecs. (a)(2) and 
(d)(10), is title I of Pub. L. 90-321, May 29, 1968, 82 Stat. 146, as 
amended, which is classified generally to subchapter I (Sec. 1601 et 
seq.) of chapter 41 of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 1601 of this 
title and Tables.
    The Fair Credit Billing Act, referred to in subsecs. (a)(2) and 
(d)(10), is title III of Pub. L. 93-495, Oct. 28, 1974, 88 Stat. 1511, 
which is classified principally to part D (Sec. 1666 et seq.) of 
subchapter I of chapter 41 of this title. For complete classification of 
this Act to the Code, see Short Title of 1974 Amendment note set out 
under section 1601 of this title and Tables.
