Background
Equal access allows telephone subscribers to
choose a preferred or authorized telephone company or telephone
companies to handle local toll and long distance toll (including
international) calls from their traditional, wireline telephones.
Where equal access is available, subscribers may choose separate
preferred telephone companies for each of these services, or one
preferred telephone company for both of them. Subscribers can
place local toll and long distance toll calls using their
preferred telephone company or companies by dialing 1 (or 011 for
international calls) plus the appropriate code and telephone
number. Subscribers can place calls using other telephone
companies by dialing a 1010XXX access code. To learn more about
these different types of calls, go to
www.fcc.gov/cgb/consumerfacts/local_long.html. Subscribers can
change their preferred telephone company or companies at any time,
but may be charged for doing so.
Wireless telephone companies are not required
to provide equal access, and generally choose a preferred
telephone company for their subscribers. If wireless companies
allow use of “dial-around” 1010XXX access codes, they can choose
to charge their customers a fee for doing so.
The FCC has adopted detailed “slamming” rules
to prevent telephone companies from switching subscribers from one
preferred telephone company to another without authorization.
These rules provide a remedy if you’ve been slammed.
Your Rights If You Have Been Slammed
If you have been slammed and HAVE NOT paid
the bill of the company that slammed you:
You DO NOT have to pay anyone for service for
up to 30 days after being slammed. Therefore, you do not have to
pay either your authorized telephone company (the company you
actually chose to provide service) or the slamming company. You
must pay any charges for service beyond 30 days to your authorized
company, but at that company’s rates, not the slammer’s rates.
If you HAVE paid your telephone bill and
then discover that you have been slammed:
The slamming (unauthorized) company must pay
your authorized company 150% of the charges you paid. Out of this
amount, your authorized company will then reimburse you 50% of the
charges you paid to the slammer.
For example, if you were charged $100 by the
slamming company, that company will have to give your authorized
company $150, and you will receive $50 as a reimbursement.
With these rules, the FCC has taken the
profit out of slamming and protected consumers from illegal
changes.
Authorized Switching Methods
Your telephone service cannot legally
be switched from your existing preferred telephone company to a
new company unless the new company verifies the switch using one
of the following methods:
-
Uses an independent third party to verify
your oral authorization to switch.
-
Provides and obtains your signature on a
letter that indicates, in writing, that you want to switch
preferred telephone companies.
-
Provides a toll-free number that you can
call to confirm the order to switch preferred telephone
companies.
NOTE: The Communications Act
makes telephone companies responsible for the acts of their
agents, including their telemarketers.
New Guidelines for Telemarketing Switches
Before a telephone company can place an order
to switch a subscriber who agreed to sign up for service during a
telemarketing call, the company must verify the subscriber’s
decision to switch by: (1) connecting the customer to a third
party verifier; (2) sending the subscriber a letter of agency
(LOA) to sign and return; or (3) providing a toll-free number to
the subscriber to confirm the decision electronically. The
requirements for each method are:
Third Party Verification: All
third party verifications must elicit from the subscriber: (1) the
date of the verification; (2) the identity of the subscriber; (3)
confirmation that the person on the call is authorized to make the
change; (4) confirmation that the person on the call wants to make
the change; (5) confirmation that the person on the call
understands that a carrier change, not an upgrade to existing
service, bill consolidation, or any other misleading description
of the transaction, is being authorized; (6) the names of the
telephone companies affected by the change (not including the name
of the displaced company); (7) the telephone numbers to be
switched; (8) the types of service involved; and (9) appropriate
verification data (such as, the subscriber's date of birth or
social security number).
Letter of Agency: Any written
or electronic LOA used to confirm a telemarketing order must
include: (1) the subscriber's billing name and address; (2) each
telephone number to be covered by the order to change the
subscriber's preferred telephone company; (3) a statement that the
subscriber intends to change from his or her current preferred
telephone company to the new company; (4) a statement that the
subscriber designates the new company to act as the agent for this
change; and (5) a statement that the subscriber understands that
there may be a charge for this change. The LOA also must be
separate from any promotional material – such as prizes or contest
entry forms. To the extent that a jurisdiction allows the
selection of additional preferred carriers (e.g., local exchange,
intraLATA toll, interLATA toll, or international interexchange),
the letter of agency must contain separate statements regarding
those choices, although a separate letter of agency for each
choice is not necessary.
NOTE: Advertising promotions
that send a check for payment to encourage you to switch preferred
telephone companies can incorporate an LOA, but must meet specific
guidelines. The check must contain the necessary information to
make it payable, and can't contain any other promotional language
or material.
The telephone company must place the required
LOA language near the signature line on the back of the check. In
addition, the company must print on the front of the check, in
easily readable, bold-faced type, a notice that your signature
will authorize a change in your preferred telephone company.
Toll-Free Number for Electronic
Confirmation: Telephone companies electing to confirm sales
electronically must establish one or more toll-free telephone
numbers exclusively for that purpose. Calls to the number(s) will
connect a subscriber to a voice response unit, or similar
mechanism, that records the required information regarding the
preferred telephone company change, including automatically
recording the originating telephone number. Such authorization
must be placed from the telephone number(s) for which the
preferred telephone company is to be changed.
How to Protect Yourself Against Slamming
Be a careful consumer.
Always examine your telephone bill
immediately and thoroughly. If you see a new preferred telephone
company name on your bill, call the number that’s shown on that
portion of the bill and ask for an explanation.
Be aware of the methods telephone companies
can use to change your preferred telephone company legally. The
FCC’s rules require telephone companies to obtain your clear
permission to make such a change. For example, if a new telephone
company sends you an LOA to verify that you want to switch your
preferred telephone company service to that company, the LOA is
only valid if you sign and date it. Only sign, date, and return it
if you are sure you want to change to the new company.
Be sure you understand that switching long
distance service also means switching international service. If
you are considering switching preferred long distance telephone
companies, be sure to ask whether any international calling plans
you have with your current preferred long distance company will be
offered by the new company.
Be firm with telemarketers.
If you receive a call from a telemarketer
about switching your preferred telephone company and you’re not
interested in changing, tell that to the caller. You can also ask
the caller to remove your telephone number from its solicitation
lists, and place your residential phone number on the national
Do-Not-Call list. For more information about the national
Do-Not-Call list, visit
www.fcc.gov/cgb/consumerfacts/tcpa.html.
Thoroughly read all materials you receive
in the mail.
If you receive a letter in the mail asking
you to “verify” that you switched your preferred telephone
company, and neither you nor anyone in your household authorized
the change, immediately notify the sender that you did not
authorize a switch. Then, immediately call your local telephone
company to confirm that you want to remain with your existing
preferred telephone company or companies.
Read the fine print in any sweepstakes or
drawing entry form before filling it out.
The form may indicate that by signing it,
you’ve given authorization to switch preferred telephone
companies. In some states, such forms are illegal and should be
reported to the state Attorney General’s office.
Be careful when answering telephone
surveys.
Be careful in responding to telephone
surveys. If the person answering the telephone says “yes” to any
of the surveyor’s questions, the answers may be taped and used
later as verification of authorization to switch preferred
telephone companies.
“Freeze” your existing preferred telephone
company.
A freeze lets your local telephone company
know that you do not want it to switch your preferred telephone
company unless it receives written or verbal
authorization from you.
What to Do if You’ve Been Slammed
Call the slamming company and tell it that
you want the problem fixed. If you have not paid, tell the
slamming company that you will not pay for the first 30 days of
service. Call your preferred telephone company to inform it of the
slam, and tell it that you want to be reinstated to the same
calling plan you had before the slam. Also tell your preferred
telephone company that you want all “change of carrier charges”
(charges for switching companies) removed from your bill.
You can call the following toll-free
numbers to verify your preferred telephone company or companies:
You can also file a complaint. There is no
charge for filing a complaint. If you live in a state that accepts
slamming complaints, you can file your complaint with your state
public service commission. You can find a list of states that
accept slamming complaints at
www.fcc.gov/slamming.
You can find contact information for your state public service
commission at
www.naruc.org or in the blue pages or government section of
your local telephone directory. Contact your state public service
commission to determine the precise filing procedures.
If you don’t live in a state that accepts
slamming complaints, file your complaint with the FCC. You can
file your complaint using an on-line complaint form found at
esupport.fcc.gov/complaints.htm. You can also file your
complaint by e-mailing
slamming@fcc.gov; faxing 202-418-0035; or writing to:
Federal Communications
Commission
Consumer & Governmental Affairs Bureau
ATTN: SLAM TEAM, Room CY-A257
445 12th Street, SW
Washington, DC 20554.
What to Include in Your Complaint
The best way to provide all the information
needed for the FCC to process your slamming complaint is to
complete fully the on-line complaint form. When you open the
on-line complaint form, you will be asked a series of questions
that will take you to the particular section of the form you need
to complete. If you file your complaint on-line or by e-mail, you
must attach an electronic copy of any bill you are complaining
about to the form or the e-mail.
If you do not use the on-line complaint form,
your complaint, at a minimum, should indicate:
-
your name, address, and daytime phone
number;
-
the phone number that was allegedly
slammed;
-
the name of the phone company that you are
complaining about;
-
the name of your preferred or authorized
local phone company;
-
the name of your preferred or authorized
long distance (including international) phone company;
-
the amount of the charges you dispute and
whether you paid them; and
-
a brief statement of facts.
REMEMBER: You MUST include a copy of any bill
you are complaining about. Please indicate on the copy of the bill
the name of the unauthorized phone company and the disputed
charges.
For More Information
For more information about
slamming, visit the FCC’s slamming Web site at
www.fcc.gov/slamming.
For information about other telecommunications issues, visit
the FCC’s Consumer & Governmental Affairs Bureau Web site at
www.fcc.gov/cgb, or contact the FCC’s
Consumer Center by e-mailing
fccinfo@fcc.gov;
calling 1-888-CALL-FCC (1-888-225-5322) voice or
1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232;
or writing to:
Federal Communications
Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554. |
|