§ 92-F — Prepaid telephone calling card consumer protections

New York § 92-F

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 5: Provisions Relating to Telegraph and Telephone Lines and to Telephone and Telegraph Corporations

Text

§ 92-f. Prepaid telephone calling card consumer protections. 1.\nDefinitions. For the purposes of this section, unless the context or\nsubject matter otherwise requires, the following terms shall have the\nfollowing meanings:\n a. "Company" means any entity providing prepaid calling services to\nthe public using its own or a resold telecommunications network;\n b. "Prepaid calling services" or "services" means any prepaid\ntelecommunications service that allows consumers to originate calls\nthrough an access number and authorization code, whether manually or\nelectronically dialed;\n c. "Prepaid calling card" or "card" means any object purchased for a\nsum certain that contains an access number and authorization code that\nenables a consumer to use prepaid calling services. It does not include\nany object of that type used for promotional purposes;\n d. "Cellular telephone services" means commercial mobile telephone\nservices.\n 2. Disclosure requirements. Any company that provides prepaid calling\nservices through prepaid calling cards shall be required to print\nlegibly on each card the following information:\n a. name of the company;\n b. toll-free customer service number;\n c. toll-free network access number, if such number is required to\naccess service;\n d. authorization code, if such code is required to access service;\n e. any expiration date or expiration policy;\n f. instructions for use of the card; and\n g. in the case of a company that offers prepaid cellular telephone\nservices by means of a prepaid calling card, such prepaid calling card\nshall have printed on its face, in conspicuous print of a font in bold\nface print that is at least fourteen-point sized, the expiration date or\nthe expiration policy for the cellular minutes purchased with the card.\n 3. Any company that provides prepaid calling services through prepaid\ncalling cards shall print legibly on each card or packaging the\nfollowing information:\n a. any surcharges or fees, including monthly fees per-call access\nfees, or surcharges for the first minute of use that may be applicable\nto the use of the prepaid calling card or prepaid calling services\nwithin the United States;\n b. any additional or different prices, rates, or unit values\napplicable to international usage of the prepaid calling card or prepaid\ncalling services;\n c. any minimum charge per call, such as a three minute minimum charge;\n d. any charge for calls that do not connect; and,\n e. any recharge policy.\n 4. Customer service requirements. a. Any company that provides prepaid\ncalling services shall establish and maintain a toll-free customer\nservice telephone number with a live operator to answer incoming calls\ntwenty-four hours a day, seven days a week to receive customer\ncomplaints and to provide information, including, but not limited to,\nthe following:\n i. description of rates, surcharges and fees;\n ii. description of the company's recharge, refund, and expiration\npolicies;\n iii. if applicable, the amount of value remaining on the consumer's\naccount; and\n iv. terms and conditions of service and monthly service charges.\n b. Any company offering prepaid cellular telephone services shall be\ndeemed to be in compliance with the requirements of this section if,\nwhen a request for information is made outside of normal business hours,\nthat company provides the information requested on the next business\nday.\n 5. Return and refund policies. Any company that provides prepaid\ncalling services shall provide a refund to any purchaser of a prepaid\ncalling card or service if the network services associated with the card\nor service fail to operate in a commercially reasonable manner. The\nrefund required by this section shall be in an amount not less than the\nvalue remaining on the card in the form of a replacement card or\nadditional time on the card and shall be provided to the consumer within\nsixty days from the date of receipt of notification from the consumer\nthat the card has failed to operate in a commercially reasonable manner.\n 6. Cards without a specific expiration date or policy printed on the\ncard and with a balance of service remaining shall be considered active\nfor a minimum of one year from the date of purchase, or if recharged,\nfrom the date of the last recharge.\n 7. In the case of prepaid calling cards or services utilized at a pay\nphone, the company may provide a voice prompt notification of any\napplicable pay phone surcharges, in lieu of providing notice of\nsurcharges as required by subdivision three of this section.\n 8. Enforcement. The commission shall have the power, consistent with\nfederal law, to assess a penalty not to exceed one thousand dollars\nagainst any company that provides prepaid calling cards or services that\nknowingly fails or neglects to comply with any provision of this section\nor any regulation or order of the commission implementing or enforcing\nthe provisions of this section. All moneys recovered from any\nadministrative penalty shall be paid into the state treasury to the\ncredit of the general fund.\n