§ 37-15-412 — Unauthorized change of telecommunications company; unauthorized services; prohibited practices; penalties

Wyoming § 37-15-412

• Jurisdiction: Wyoming
• Title 37: Public Utilities
• Ch. 15: TELECOMMUNICATIONS
• Art. 4: REGULATION OF TELECOMMUNICATIONS SERVICES GENERALLY

Text

(a) No person shall engage in any practice which has the
effect of changing any Wyoming consumer's telecommunications
company if the change is willfully made without the knowledge
and consent of that consumer. No person shall willfully charge
or attempt to collect charges from any Wyoming consumer for any
product or service not provided to the consumer or not
authorized by the consumer. The public service commission shall
provide upon request of a Wyoming consumer, information or
technical assistance regarding appropriate action for the
consumer to take in order not to receive telecommunication
companies solicitations.
(b) Any change in a Wyoming consumer’s telecommunications
company shall be effective only if it is in compliance with any
method of authorization permitted under federal law, rule or
regulation, except that no negative option marketing technique
shall be permitted to be used.
(c) If the chosen method is a letter of agency it shall be
maintained by the new service provider. No letter of agency
under subsection (b) of this section shall be effective if it is
physically attached to or part of any inducement, premium,
coupon or other promotional material. No letter of agency shall
be effective until it is in the actual possession of the new
service provider.
(d) Any consumer whose telecommunications company has been
willfully changed in violation of subsection (a) of this section
is not liable for payment of any unauthorized charge unless the
commission determines, after conducting a public hearing on any
complaint brought on the matter, that the consumer engaged in
any fraudulent or deceptive practice which avoids payment for
telecommunications services in connection with the unauthorized
charge.
(e) A consumer is not liable for an amount charged for any
unauthorized product provided or service initiated by a
telecommunications company or its billing agent without the
consent of the consumer. No consumer shall be liable to pay for
any product not delivered or service not furnished.
(f) Restitution for violation of this section shall be as
follows:
(i) The unauthorized telecommunications company shall
pay all recurring and nonrecurring fees and charges necessary
for the consumer to promptly reinstate service from the original
telecommunications company and shall pay that company an amount
equal to that which would have been due had the consumer
remained with the original telecommunications company;
(ii) In addition to paragraph (f)(i) of this section,
the unauthorized telecommunications company shall pay to any
consumer any amount the consumer has paid to the unauthorized
company for which the consumer is not liable under subsection
(d) of this section.
(g) If the commission shall determine by a preponderance
of the evidence in a hearing that any person willfully has
engaged in any practice which has the effect of changing any
Wyoming consumer's telecommunications company without complying
with the applicable provisions of this section, has charged or
attempted to collect a charge for unauthorized service, or has
solicited a Wyoming consumer in violation of this section:
(i) The commission may impose for each change or
charge made in violation of this section an administrative
penalty not to exceed one thousand dollars ($1,000.00); and
(ii) If the commission finds that the person has
violated this section with such frequency as to indicate a
general business practice it may also permanently revoke the
authority of the company involved to provide intrastate
interexchange or other telecommunications services in this
state.
(h) The following are not subject to the provisions of
this section:
(i) Changes in a consumer's telecommunications
company or other services effected through a consolidation or
merger of the consumer's current telecommunications company;
(ii) Services and corresponding charges required by
law or order of the commission.