Session of 1999
HOUSE BILL No. 2343
By Committee on Utilities
2-9
9 AN ACT concerning consumer protection; relating to telecommunica-
10 tions services; amending K.S.A. 1998 Supp. 50-6,103 and repealing the
11 existing section.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 50-6,103 is hereby amended to read as
15 follows: 50-6,103. (a) As used in this section:
16 (1) "Express authorization" means an express, affirmative act by a
17 consumer clearly agreeing to the a change in the consumer's telecom-
18 munications carrier or local exchange carrier to another carrier or the
19 addition of any supplemental telecommunications services to the con-
20 sumer's account.
21 (2) "Supplemental telecommunication services" means any property
22 or services for which any charge or assessment appears on a billing state-
23 ment directed to a consumer by a local exchange carrier or telecommu-
24 nications carrier, including but not limited to personal 800 number serv-
25 ices, calling card plans, internet advertisement and website services, voice
26 mail services, paging services, psychic services, psychic memberships, dat-
27 ing services or memberships, travel club memberships, internet access
28 services and service maintenance plans. "Supplemental telecommunica-
29 tion services" does not include direct dial services to which a per use
30 charge applies.
31 (2) (3) "Telecommunications services" has the meaning provided by
32 K.S.A. 66-1,187 and amendments thereto.
33 (b) No local exchange carrier or telecommunications carrier shall sub-
34 mit to a local exchange carrier an order to change a consumer's telecom-
35 munications carrier or local exchange carrier to another carrier without
36 having obtained the express authorization of the consumer authorized to
37 make the change. The local exchange carrier or telecommunications car-
38 rier requesting the change shall have the burden of proving the express
39 authorization by a preponderance of the evidence. It shall not be a vio-
40 lation of this subsection for a local exchange carrier to assign a consumer
41 to a telecommunications carrier for purposes of intralata services pursu-
42 ant to order of the state corporation commission.
43 (c) No supplier, other than the consumer's existing local exchange
44 carrier or telecommunications carrier, shall:
45 (1) Add any supplemental telecommunications services to a con-
46 sumer's account without having obtained the express authorization of the
47 consumer authorized to make the addition and the supplier requesting
48 the addition shall have the burden of proving the express authorization
49 by a preponderance of the evidence; or
50 (2) directly or indirectly, bill, collect, attempt to bill or collect or cause
51 to be billed or collected, charges arising from a change in a consumer's
52 local exchange carrier or telecommunications carrier to another carrier
53 or add any supplemental telecommunications services to a consumer's
54 account when such supplier knew or had reason to know that the con-
55 sumer's express authorization for such change or addition was not ob-
56 tained.
57 (c) (d) No local exchange carrier, telecommunications carrier or third
58 party utilized to verify an order to change a consumer's telecommunica-
59 tions carrier or local exchange carrier to another carrier supplier shall:
60 (1) Engage in any activity, conduct or representation that has the
61 capacity to mislead, deceive or confuse the consumer, while soliciting or
62 verifying a change in a consumer's telecommunications carrier or local
63 exchange carrier to another carrier that has the capacity to mislead, de-
64 ceive or confuse the consumer or adding any supplemental telecommu-
65 nications services to a consumer's account;
66 (2) employ a box or container used to collect entries for sweepstakes,
67 contests or drawings to gather letters of agency or other documents that
68 constitute authorizations by consumers to change the consumers' tele-
69 communications carrier or local exchange carrier to another carrier or to
70 change or add to the consumers' other accounts any supplemental tele-
71 communications services; or
72 (3) use any methods not approved by statute, regulations of the fed-
73 eral communications commission statutes, rules and regulations or federal
74 trade commission (as in effect on the effective date of this act) or state
75 corporation commission rules and regulations to change a consumer's
76 telecommunications carrier or local exchange carrier to another carrier
77 or to add supplemental telecommunications services to a consumer's
78 account.
79 (d) (e) Any local exchange carrier or telecommunications carrier sup-
80 plier that violates subsection (b) or (c), (c) or (d) shall be subject to a civil
81 penalty of not less than $5,000 nor more than $20,000 for each such
82 violation instead of the penalty provided for in subsection (a) of K.S.A.
83 50-636, and amendments thereto.
84 (e) (f) Any violation of this section is a deceptive and unconscionable
85 act or practice under the provisions of the Kansas consumer protection
86 act and shall be subject to any and all of the enforcement provisions of
87 the Kansas consumer protection act. Nothing in this section shall preclude
88 the state corporation commission from exerting its authority as it pertains
89 to intrastate services nor the attorney general from pursuing violations of
90 any other provisions of the Kansas consumer protection act by a local
91 exchange carrier or telecommunications carrier supplier.
92 (f) (g) All local exchange carriers shall offer consumers the option of
93 notifying the local exchange carrier in writing that they do not desire any
94 change of telecommunications carrier regardless of any orders to the con-
95 trary submitted by any third party. The consumer shall be permitted to
96 cancel such notification or to change its telecommunications carrier by
97 notifying the consumer's local exchange carrier accordingly. All local
98 exchange carriers shall annually notify the consumers of the carrier's tel-
99 ecommunications services of the availability of this option.
100 (g) (h) This section shall be part of and supplemental to the Kansas
101 consumer protection act.
102 Sec. 2. K.S.A. 1998 Supp. 50-6,103 is hereby repealed.
103 Sec. 3. This act shall take effect and be in force from and after its
104 publication in the statute book.