Colorado § 40-15-112 Unauthorized change of telecommunications provider

Colorado Statutes

§ 40-15-112 — Unauthorized change of telecommunications provider

Colorado·Title 40 Utilities·Art. Intrastate Telecommunications Services

(1)No provider of telecommunications service shall request the transfer of a customer's account, wholly or in part, to another provider of the same or a similar telecommunications service unless one or more of the following conditions has been met:

(a)The provider to whom the customer's account is to be transferred has obtained from the customer a document, signed by the customer, that contains a clear, conspicuous, and unequivocal request by the customer for a change of provider; or

(b)The provider to whom the customer's account is to be transferred has obtained the customer's oral authorization for the transfer and can furnish proof of such authorization through verification by an independent third party, electronic records, or any other manner prescribed by the commission

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(1) No
provider of telecommunications service shall request the transfer of a customer's
account, wholly or in part, to another provider of the same or a similar
telecommunications service unless one or more of the following conditions has
been met:

(a) The provider to whom the customer's account is to be transferred has
obtained from the customer a document, signed by the customer, that contains a
clear, conspicuous, and unequivocal request by the customer for a change of
provider; or

(b) The provider to whom the customer's account is to be transferred has
obtained the customer's oral authorization for the transfer and can furnish proof of
such authorization through verification by an independent third party, electronic
records, or any other manner prescribed by the commission by rule.

(2) (a) If the customer is not an individual, a document, authorization, or
request referenced in subsection (1) of this section shall be valid only if given by an
authorized representative of the customer, who shall provide proof of such
authority.

(b) A document shall not be valid under paragraph (a) of subsection (1) of this
section if it is presented to the customer for signature in connection with a
sweepstakes or other game of chance.

(3) A telecommunications provider who initiates an unauthorized change in a
customer's telecommunications provider in violation of this section is liable:

(a) To the customer, the customer's previously selected provider, or both, as
determined by the commission, for all intrastate long distance charges, interstate
long distance charges, local exchange service charges, provider switching fees, the
value of any premiums to which the customer would have been entitled, and other
relevant charges incurred by the customer during the period of the unauthorized
change; and

(b) To the customer's local exchange provider for the change fees for the
unauthorized change and reinstating the customer to the original provider.

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