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90_SB1567sam002
LRB9010645JSsbam
1 AMENDMENT TO SENATE BILL 1567
2 AMENDMENT NO. . Amend Senate Bill 1567, AS AMENDED,
3 with reference to the page and line numbers of Senate
4 Amendment No. 1, on page 1, line 17, by replacing "customer"
5 with "customer, and "telecommunications carrier" has the
6 meaning given in Section 13-202 of the Public Utilities Act,
7 except that "telecommunications carrier" does not include a
8 provider of commercial mobile radio services (as defined by
9 47 U.S.C. 332(d)(1))"; and
10 on page 2, line 3, by changing "a recurring" to "an"; and
11 on page 2, line 20, by replacing "Section" with "Section, or
12 for obtaining verification of the subscriber's assent to the
13 change in accordance with this Section"; and
14 on page 2 by replacing lines 24 through 34 with the
15 following:
16 "subscriber in accordance with this Section, or for obtaining
17 verification of the subscriber's assent to the additional
18 telecommunications service in accordance with this Section.
19 (1) If the company or carrier elects to provide
20 written notice in accordance with this Section, the
21 notice shall be provided as follows:
22 (A) A letter to the subscriber must be mailed
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1 using first class mail, postage prepaid, no later
2 than 6 days after the carrier requesting a change in
3 the subscriber's telecommunications carrier is on
4 notice that the change has occurred or no later than
5 6 days after the installation of an additional
6 telecommunications service has occurred.
7 (B) The letter must be a separate document
8 sent for the sole purpose of describing the changes
9 or additions authorized by the subscriber.
10 (C) The letter must be printed with 10 point
11 or larger type and contain clear and plain language
12 that confirms the details of a change in carrier or
13 the additional telecommunications service and
14 provides the subscriber with a toll free number to
15 call should the subscriber wish to delete services
16 or make additional changes.
17 (2) If the company or carrier elects to obtain
18 verification in accordance with this Section,
19 verification shall be obtained as follows:
20 (A) Verification shall be obtained by an
21 independent third-party that:
22 (i) operates from a facility physically
23 separate from that of the telecommunications
24 carrier or company seeking the change or
25 addition of service;
26 (ii) is not directly or indirectly
27 managed, controlled, directed, or owned wholly
28 or in part by the telecommunications carrier or
29 company seeking the change or addition of
30 service;
31 (iii) does not derive commissions or
32 compensation based upon the number of sales,
33 changes, or additions confirmed; and
34 (iv) shall retain records of the
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1 confirmation of sales or changes for 24 months.
2 (B) The third-party verification agent shall
3 state to the consumer, and obtain the consumer's
4 assent to, the following disclosures:
5 (i) the consumer's name, address, and the
6 numbers of all telephone lines that will be
7 changed or to which services will be added;
8 (ii) the names of the telecommunications
9 carrier or company that is replacing a previous
10 carrier or adding to the consumer's account
11 and, where applicable, the name of the carriers
12 being replaced;
13 (iii) the fact that the consumer can
14 designate only one telecommunications carrier
15 to handle the consumer's local, long distance,
16 or local toll service where a change of local,
17 long distance, or local toll service is being
18 verified; and
19 (iv) the fact that a fee may be imposed
20 for the change of carriers or that a monthly
21 recurring fee may be charged for the additional
22 service, if that is the case.
23 (C) The third-party verification agent shall
24 obtain verification no later than 3 days after the
25 carrier requesting a change in the subscriber's
26 telecommunications carrier is on notice that the
27 change has occurred or no later than 3 days after
28 installation of an additional telecommunications
29 service has occurred.
30 (D) The telephone call from the verification
31 agent shall be a separate and distinct telephone
32 call placed to the consumer. The telecommunications
33 carrier or company seeking to implement the change
34 in service or additional service shall not connect
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1 the consumer to the verification agent, nor shall
2 the telecommunications carrier or company take any
3 part in the verification call.
4 (3) The verification or notice requirements
5 described in this subsection shall apply to all sales,
6 changes, additions, or authorizations obtained by
7 telemarketing.
8 (4) Verifications conducted or obtained in a manner
9 not in compliance with this Section or notice given in a
10 manner not in compliance with this Section shall be void
11 and without effect."; and
12 on page 3 by deleting lines 1 through 6; and
13 on page 4, lines 17, 22, and 23, by replacing "previous" each
14 time it appears with "chosen"; and
15 on page 4, line 27 by replacing "wilful" with "intentional";
16 and
17 on page 5, line 21, by changing "Act" to "Act, except that
18 "telecommunications carrier" does not include a provider of
19 commercial mobile radio services (as defined by 47 U.S.C.
20 332(d)(1)".