
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: 15USC5724]

 
                      TITLE 15--COMMERCE AND TRADE
 
         CHAPTER 83--TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION
 
                  SUBCHAPTER II--BILLING AND COLLECTION
 
Sec. 5724. Definitions

    As used in this subchapter--
        (1) The term ``telephone-billed purchase'' means any purchase 
    that is completed solely as a consequence of the completion of the 
    call or a subsequent dialing, touch tone entry, or comparable action 
    of the caller. Such term does not include--
            (A) a purchase by a caller pursuant to a preexisting 
        agreement with the vendor;
            (B) local exchange telephone services or interexchange 
        telephone services or any service that the Federal 
        Communications Commission determines, by rule--
                (i) is closely related to the provision of local 
            exchange telephone services or interexchange telephone 
            services; and
                (ii) is subject to billing dispute resolution procedures 
            required by Federal or State statute or regulation; or

            (C) the purchase of goods or services which is otherwise 
        subject to billing dispute resolution procedures required by 
        Federal statute or regulation.

        (2) A ``billing error'' consists of any of the following:
            (A) A reflection on a billing statement for a telephone-
        billed purchase which was not made by the customer or, if made, 
        was not in the amount reflected on such statement.
            (B) A reflection on a billing statement of a telephone-
        billed purchase for which the customer requests additional 
        clarification, including documentary evidence thereof.
            (C) A reflection on a billing statement of a telephone-
        billed purchase that was not accepted by the customer or not 
        provided to the customer in accordance with the stated terms of 
        the transaction.
            (D) A reflection on a billing statement of a telephone-
        billed purchase for a call made to an 800 or other toll free 
        telephone number.
            (E) The failure to reflect properly on a billing statement a 
        payment made by the customer or a credit issued to the customer 
        with respect to a telephone-billed purchase.
            (F) A computation error or similar error of an accounting 
        nature on a statement.
            (G) Failure to transmit the billing statement to the last 
        known address of the customer, unless that address was furnished 
        less than twenty days before the end of the billing cycle for 
        which the statement is required.
            (H) Any other error described in regulations prescribed by 
        the Commission pursuant to section 553 of title 5.

        (3) The term ``Commission'' means the Federal Trade Commission.
        (4) The term ``providing carrier'' means a local exchange or 
    interexchange common carrier providing telephone services (other 
    than local exchange services) to a vendor for a telephone-billed 
    purchase that is the subject of a billing error complaint.
        (5) The term ``vendor'' means any person who, through the use of 
    the telephone, offers goods or services for a telephone-billed 
    purchase.
        (6) The term ``customer'' means any person who acquires or 
    attempts to acquire goods or services in a telephone-billed 
    purchase.

(Pub. L. 102-556, title III, Sec. 304, Oct. 28, 1992, 106 Stat. 4193.)
