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47 U.S.C. § 258 — Illegal changes in subscriber carrier selections

submitted 92 years ago by Pub. L. 104-104 to r/title-47-TELECOMMUNICATIONS · 138 words · no verdicts yet

in plain englishAI-generated · not legal advice

A phone company cannot switch a customer's carrier without following FCC-approved verification steps. States can enforce these rules for in-state service too. A company that breaks this rule and bills the customer owes money back to the customer's original carrier.

(a) Prohibition. No telecommunications carrier may change which company provides a subscriber's phone exchange or toll service unless it follows the verification procedures the Commission sets. States can still enforce these same procedures for service within their own borders. (b) Liability for charges. A carrier that breaks these verification rules and then collects payment from the subscriber must pay the subscriber's original, properly-chosen carrier an amount equal to everything it collected from that subscriber after the violation. This applies on top of any other legal remedy available.
the actual law source: uscode.house.gov ↗public domain
(a) Prohibition

No telecommunications carrier shall submit or execute a change in a subscriber’s selection of a provider of telephone exchange service or telephone toll service except in accordance with such verification procedures as the Commission shall prescribe. Nothing in this section shall preclude any State commission from enforcing such procedures with respect to intrastate services.

(b) Liability for charges

Any telecommunications carrier that violates the verification procedures described in subsection (a) and that collects charges for telephone exchange service or telephone toll service from a subscriber shall be liable to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation, in accordance with such procedures as the Commission may prescribe. The remedies provided by this subsection are in addition to any other remedies available by law.

Source credit: (June 19, 1934, ch. 652, title II, § 258, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 77.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 104-104 · 110 Stat. 77

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-104 on 1934-06-19.

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