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90_SB1567sam001
LRB9010645JSgcam04
1 AMENDMENT TO SENATE BILL 1567
2 AMENDMENT NO. . Amend Senate Bill 1567 by replacing
3 the title with the following:
4 "AN ACT concerning subscription to telecommunications
5 services, amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Public Utilities Act is amended by
9 changing Section 13-902 as follows:
10 (220 ILCS 5/13-902)
11 (Section scheduled to be repealed on July 1, 2001)
12 Sec. 13-902. Rules for verification of a subscriber's
13 change in telecommunications carrier or addition to a
14 subscriber's service.
15 (a) As used in this Section, "subscriber" means a
16 telecommunications carrier's retail business customer served
17 by not more than 20 lines and a retail residential customer.
18 (b) A subscriber of a telecommunications carrier may not
19 be switched to another telecommunications carrier without the
20 subscriber's authorization.
21 (c) A telecommunications carrier shall not effectuate a
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1 change to a subscriber's telecommunications services by
2 providing an additional telecommunications service that
3 results in a recurring additional monthly charge to the
4 subscriber (herein referred to as an "additional
5 telecommunications service") without following the subscriber
6 notification procedures set forth in this Section. An
7 "additional telecommunications service" does not include
8 making available any additional telecommunications services
9 on a subscriber's line when the subscriber activates and pays
10 for the services on a per use basis.
11 (d) It is the responsibility of the company or carrier
12 requesting a change in a subscriber's telecommunications
13 carrier to obtain the subscriber's authorization for the
14 change whenever the company or carrier acts as a subscriber's
15 agent with respect to the change.
16 (e) A company or carrier requesting a change in a
17 subscriber's telecommunications carrier as described in
18 subsection (d) shall be solely responsible for providing
19 written notice of the change to the subscriber in accordance
20 with this Section. In addition, a telecommunications carrier
21 that provides any additional telecommunications service to a
22 subscriber shall be solely responsible for providing written
23 notice of the additional telecommunications service to the
24 subscriber in accordance with this Section. The notice
25 shall be provided as follows:
26 (1) A letter to the subscriber must be mailed using
27 first class mail, postage prepaid, no later than 72 hours
28 after implementation of a change in the subscriber's
29 telecommunications carrier or the installation of an
30 additional telecommunications service.
31 (2) The letter must be a separate document sent for
32 the sole purpose of describing the changes or additions
33 authorized by the subscriber.
34 (3) The letter must be printed with 10 point or
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1 larger type and contain clear and plain language that
2 confirms the details of a change in carrier or the
3 additional telecommunications service and provides the
4 subscriber with a toll free number to call should the
5 subscriber wish to delete services or make additional
6 changes.
7 (f) The Commission shall promulgate any rules necessary
8 to ensure that a subscriber of a telecommunications carrier
9 is not switched to another telecommunications carrier or that
10 an additional telecommunications service is not added without
11 the subscriber's authorization. The rules promulgated under
12 this Section shall comport with the rules, if any,
13 promulgated by the Attorney General pursuant to the Consumer
14 Fraud and Deceptive Business Practices Act.
15 (g) Complaints may be filed with the Commission under
16 this Section by a subscriber who has been switched to another
17 telecommunications carrier without authorization or has been
18 provided an additional telecommunications service not ordered
19 by the subscriber, by a telecommunications carrier that has
20 been removed as a subscriber's telecommunications carrier
21 without authorization, or by the Commission on its own
22 motion. Upon filing of the complaint, the parties may
23 mutually agree to submit the complaint to the Commission's
24 established mediation process. Remedies agreed to during the
25 mediation process may include, but shall not be limited to,
26 remedies set forth below in paragraphs (1) through (5). The
27 Commission may in its discretion deny the availability of the
28 mediation process to parties, who in its judgment, may have
29 engaged in a pattern of conduct inconsistent with this
30 Section. If no agreement is reached to submit the complaint
31 or if no agreement is reached during the mediation process,
32 hearings shall be held pursuant to Article 10 of this Act.
33 If after notice and hearing, the Commission finds that a
34 telecommunications carrier has violated this Section or a
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1 rule promulgated under this Section, the Commission may in
2 its discretion order any one or more of the following:
3 (1) In case of an unauthorized switch to a
4 telecommunications carrier, require the violating
5 telecommunications carrier to refund to the subscriber
6 all fees and charges collected from the subscriber for
7 services up to the time the subscriber receives written
8 notice of the fact that the violating carrier is
9 providing telecommunications service to the subscriber.
10 Notice consistent with paragraph (1) of subsection (e)
11 shall be deemed to satisfy the notice requirement of this
12 paragraph.
13 (2) In case of an unauthorized switch to a
14 telecommunications carrier, require the violating
15 telecommunications carrier to refund to the subscriber
16 charges collected in excess of those that would have been
17 charged by the subscriber's previous telecommunications
18 carrier.
19 (3) In case of an unauthorized switch to a
20 telecommunications carrier, require the violating
21 telecommunications carrier to pay to the subscriber's
22 previous telecommunications carrier the amount the
23 previous telecommunications carrier would have collected
24 for the telecommunications service.
25 (4) Require the violating telecommunications
26 carrier to pay a fine of up to $1,000 into the Public
27 Utility Fund for each repeated and wilful violation of
28 this Section.
29 (5) In the case of an unauthorized additional
30 telecommunications service, require the violating carrier
31 to refund all charges for telecommunications products and
32 services provided without a subscriber's authorization.
33 (6) Issue a cease and desist order.
34 (7) For a pattern of violation of this Section,
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1 revoke the violating telecommunications carrier's
2 certificate of service authority. The Commission may
3 adopt rules prescribing procedures for the verification
4 of a change in a subscriber's selection of a
5 telecommunications carrier for the provision of
6 telecommunications service, whether local exchange or
7 interexchange. The rules shall be compatible with the
8 verification procedures established by the Federal
9 Communications Commission under the Communications Act of
10 1996.
11 (Source: P.A. 89-497, eff. 6-27-96.)
12 Section 10. The Consumer Fraud and Deceptive Business
13 Practices Act is amended by adding Section 2II as follows:
14 (815 ILCS 505/2II new)
15 Sec. 2II. Prohibition of sweepstakes boxes and
16 conditions upon use of prize promotions to solicit authority
17 to provide telecommunications or related service.
18 (a) As used in this Section, the following terms have
19 the meaning set forth herein:
20 (1) "Telecommunications carrier" has the meaning
21 given in Section 13-202 of the Public Utilities Act.
22 (2) "Telecommunications service" has the meaning
23 given in Section 13-203 of the Public Utilities Act.
24 (3) "Enhanced telecommunications service" means any
25 service or merchandise, other than interLATA, intraLATA,
26 or local exchange service for which any charge or
27 assessment appears on a billing statement directed to a
28 consumer by a telecommunications carrier.
29 (4) "Sweepstakes box" means the box or receptacle
30 into which consumers place entry forms or documents used
31 to enter sweepstakes, contests, or drawings of any
32 description, and promotional materials attached thereto.
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1 (b) It is an unfair or deceptive act or practice within
2 the meaning of Section 2 of this Act for any person to
3 solicit authority to execute a change of telecommunications
4 carrier or to solicit authority to provide any
5 telecommunications service or enhanced telecommunications
6 service through the use of any sweepstakes box.
7 (c) Forms or documents used or intended to be used by
8 consumers to enter sweepstakes, contests, or drawings of any
9 description may not be used by any person as written
10 authority to execute a change of any person's
11 telecommunications carrier or to render any
12 telecommunications service or enhanced telecommunications
13 service.
14 (d) Any person who solicits any authority to execute a
15 change of any person's telecommunications carrier or to
16 render any telecommunications service or enhanced
17 telecommunications service through or in conjunction with any
18 sweepstakes, contest, or drawing shall clearly,
19 conspicuously, and fully disclose in all direct mail
20 solicitations to consumers the fact that the sweepstakes,
21 contest, or drawing is intended to solicit authority to
22 execute a change of telecommunications carrier or render
23 telecommunications service or enhanced telecommunications
24 service. The disclosure shall include, at the least, the
25 following information:
26 (1) that no purchase or change of
27 telecommunications carrier or service is required to
28 enter the sweepstakes, contest, or drawing;
29 (2) the alternative means by which a person may
30 enter the sweepstakes, contest, or drawing without
31 authorizing a change of telecommunications carrier or
32 service or making a purchase;
33 (3) the name and telephone number of the entity
34 soliciting consumers to make a purchase or to authorize a
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1 change of telecommunications carrier or service through
2 the use of or in conjunction with the sweepstakes,
3 contest, or drawing; and
4 (4) a brief description of the nature of the
5 telecommunications services or enhanced
6 telecommunications services for which authorization is
7 sought through the use of or in conjunction with the
8 sweepstakes, contest, or drawing.
9 (e) It is an unfair or deceptive act or practice within
10 the meaning of Section 2 of this Act for any person to use a
11 form or document used or intended to be used by consumers to
12 enter sweepstakes, contests, or drawings of any description
13 as written authority to execute a change of any person's
14 telecommunications carrier or to render any
15 telecommunications service or enhanced telecommunications
16 service or for any person to solicit authority to execute a
17 change of telecommunications carrier or to solicit authority
18 to provide any telecommunications service or enhanced
19 telecommunications service through or in conjunction with any
20 sweepstakes, contest, or drawing in a manner not in
21 compliance with this Section. Nothing in this Section shall
22 be construed to prohibit any person from offering a premium,
23 incentive, or thing of value to another as consideration for
24 authorizing a change of telecommunications carrier or the
25 rendition of any telecommunications service or enhanced
26 telecommunications service, provided that no element of
27 chance or skill is associated with the offer of the premium,
28 incentive, or thing of value or the receipt thereof.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.".