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This entry was published on 2021-04-09
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SECTION 92-I
Cramming prohibited
Public Service (PBS) CHAPTER 48, ARTICLE 5
§ 92-i. Cramming prohibited. 1. For the purposes of this section,
"cramming" means the inclusion and imposition of charges on the invoice
or bill of a customer from a telephone corporation at the request of a
third party or billing aggregator that (a) were not authorized by the
customer, or (b) if authorized, were obtained through misleading or
deceptive means.

2. A customer shall not be liable for charges appearing on the invoice
or bill of a telephone corporation that are the result of cramming. No
charges for any products or services, other than those provided by the
telephone corporation, its affiliates, a third party video provider with
whom a telephone corporation or its affiliate jointly market services,
or otherwise permitted by law, shall be included on any bill or invoice
of a customer, unless the third party requesting the payment of such
charges retains and provides upon request valid proof that:

(a) the customer was provided with clear and conspicuous disclosure of
all material terms and conditions of the product or service being
offered, including but not limited to all initial and recurring charges
and the fact that such charges shall appear on the customer's telephone
bill;

(b) after receiving clear and conspicuous disclosure as provided in
paragraph (a) of this subdivision, the customer explicitly consented to
the nature and amount of such charges; and

(c) the third party offering the product or service or an agent of
such third party provided the customer with a toll-free telephone number
the customer may call and an address to which the customer may write to
resolve any billing dispute.

3. Any charges for third party products or services that are included
on a bill or invoice by a telephone corporation without the consent of
the customer having been obtained as provided in subdivision two of this
section shall be void and unenforceable, and shall be removed from the
bill or invoice upon notice from such customer.

4. The commission shall supervise and ensure compliance with the
provisions of this section, and may promulgate any rules and regulations
it deems necessary or desirable to ensure such compliance, including but
not limited to any additional requirements for verification of customer
orders and any additional standards that third parties or agents must
meet to be authorized to receive payment through the inclusion of
charges on bills or invoices of telephone corporations. Any failure by a
telephone corporation to comply with the provisions of this section may
be redressed as provided in subdivision three of section ninety-six of
this article or as otherwise authorized by law.