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92_HB5838 LRB9214428JSpc 1 AN ACT concerning telecommunications. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Utilities Act is amended by adding 5 Section 13-904 as follows: 6 (220 ILCS 5/13-904 new) 7 (Section scheduled to be repealed July 1, 2005) 8 Sec. 13-904. Marketing practices. 9 (a) No telecommunications carrier shall commit an 10 unfair, deceptive, or unconscionable act or practice in 11 connection with a consumer transaction. Without limiting the 12 scope of this Section, the act or practice of a 13 telecommunications carrier is deceptive if the carrier: 14 (1) fails to clearly highlight, in written or 15 printed advertising or promotional literature, any 16 material exclusions, reservations, limitations, 17 modifications, or conditions associated with special 18 offers or promotions; 19 (2) fails to place material exclusions, 20 reservations, limitations, modifications, or conditions 21 within close proximity to the words stating such special 22 offer or promotion; 23 (3) fails to clearly state all specific exclusions, 24 reservations, limitations, modifications, or conditions 25 when making offers through radio or television 26 advertisement; or 27 (4) advertises or offers goods or services as 28 "free" when the cost of the "free" offer is passed on to 29 the consumer by raising the tariffed price of the goods 30 or services that must be purchased in connection with the 31 "free" offer. -2- LRB9214428JSpc 1 (b) Telecommunications carriers shall use positive 2 subscriber enrollment for all services for which a monthly 3 recurring charge would apply. 4 (c) When an applicant for new access line service or a 5 current subscriber applying for an additional 6 telecommunications service contacts a telecommunications 7 carrier, the carrier, during the conversation, shall: 8 (1) for all regulated telecommunication services, 9 explain the services being offered (including any 10 limitations or restrictions) and the rates for the 11 services, including: all nonrecurring charges; the 12 minimum monthly charge, if applicable; the rates per 13 usage increments; taxes; and surcharges; 14 (2) for local exchange services, provide all 15 necessary information for the applicant or subscriber to 16 obtain the most economical local service conforming to 17 the customer's stated needs, including: 18 (A) immediate disclosure of the price for any 19 basic service offering suggested by the provider 20 and, if applicable, an offer to explain other basic 21 service offerings and rates; 22 (B) an estimate of any special charge levied 23 on the basis of actual cost for items such as 24 extraordinary construction, maintenance, or 25 replacement costs or expenses, overtime work at the 26 customer's request, and special installations and 27 equipment, as well as the option, if any, to 28 contract with sources other than the provider to 29 perform the work; 30 (C) an estimate of the initial billing for all 31 monthly local service (including any partial monthly 32 amounts); and 33 (D) the option to spread local exchange 34 telephone service installation charges over a period -3- LRB9214428JSpc 1 of 3 months. 2 (d) Telecommunications carriers providing local service, 3 when offering bundled service packages, shall explain that 4 each service or feature within the package may be purchased 5 individually, list each service and feature contained in the 6 package, and, upon subscriber request, provide individual 7 rates for each service or feature. 8 (e) When a subscriber calls a telecommunications carrier 9 to request information about a specific local exchange 10 service or feature, to report service problems, or to make 11 payment arrangements, the carrier shall not engage in sales 12 practices until the provider first confirms that it has 13 completely responded to the subscriber's concern. Upon a 14 subscriber's request, the carrier shall discontinue the sales 15 discussion. 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.
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