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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7 (Section scheduled to be repealed July 1, 2005)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.
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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
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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.