Bill Status of HB4594 95th General Assembly
Short Description: CONSUMER FRAUD-WIRELESS CHARGE
Rep. Sandy Cole - Robert F. Flider and Linda Chapa LaVia
| 1/13/2009||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Consumer Fraud and Deceptive Business Practices Act. Requires wireless carriers to bill consumers only for authorized charges. Provides that, in the case of a complaint, there is a rebuttable presumption that an unauthorized charge for a product or service was not authorized by the consumer. Provides that a wireless carrier may establish that a consumer authorized a charge with a record of affirmative consumer authorization, a demonstrated pattern of knowledgeable past use, or other persuasive evidence of authorization. Provides that with respect to direct-dialed telecommunications services, evidence that a call was dialed is prima facie evidence of authorization. Provides that while a complaint is pending, the consumer shall not be required to pay the disputed charge or any associated late charges or penalties. Provides that the disputed charge may not be sent to collection. Provides that no adverse credit report may be based on non-payment of the disputed charge. Provides that if a wireless carrier receives a complaint that the consumer did not authorize the purchase of the product or service associated with a charge, the wireless company, not later than 30 days from the date on which the complaint is received, shall either verify and advise the consumer of the consumer's authorization of the disputed charge or undertake to credit the disputed charge and any associated late charges or penalties to the consumer's bill. Provides that nothing in the new provisions prevents a consumer from exercising his or her other rights. Provides that a violation is an unlawful practice within the meaning of the Act.