50-6,103. Telecommunications services; unauthorized change of provider ("slamming") or addition of services ("cramming").
50-6,103
50-6,103. Telecommunications services; unauthorizedchange of provider ("slamming") or addition of services ("cramming").(a) As used in this section:
(1) "Express authorization" means an express, affirmativeact by a consumer clearly agreeing to a change in theconsumer'stelecommunications carrier or local exchangecarrier to anothercarrier.
(2) "Supplemental telecommunication services" means any property orservicesfor whichany charge or assessment appears on a billing statement directed to a consumerby a localexchange carrier or telecommunications carrier, including but not limited topersonal 800 numberservices, calling card plans, internet advertisement and website services,voice mail services,paging services, psychic services, psychic memberships, dating services ormemberships, travelclub memberships, internet access services and service maintenance plans."Supplementaltelecommunication services" does not include direct dial services to which aper use chargeapplies.
(3) "Telecommunications services" has the meaningprovided by K.S.A. 66-1,187 and amendments thereto.
(b) No local exchange carrier or telecommunicationscarrier shall submit or cause to be submitted to a local exchangecarrier an order to changea consumer's telecommunications carrier or local exchangecarrier to another carrier without having obtained theexpress authorization of the consumer authorized to make the change. The localexchange carrier or telecommunicationscarrier requesting the change shall have the burden ofproving the express authorization by a preponderanceof the evidence.It shall not be a violation of this subsection for a local exchange carriertoassign a consumer to atelecommunications carrier for purposes of intralata services pursuant to orderof the statecorporation commission.
(c) No supplier shall:
(1) Engage in any activity, conduct or representation that has thecapacity to mislead, deceive or confuse the consumer,while soliciting or verifying a change in a consumer's telecommunicationscarrier or local exchange carrier to anothercarrier;
(2) employ a box or container used to collect entries forsweepstakes, contests or drawings to gather letters of agency orother documents that constitute authorizations by consumers tochange the consumers' telecommunications carrieror localexchange carrier to another carrier or to change or add to theconsumers' accounts any supplemental telecommunicationsservices;
(3) use any methods not approved by statute, regulations of thefederalcommunications commission or federaltrade commission (as ineffect on the effective date of this act) or state corporationcommission rules and regulations to change a consumer'stelecommunications carrier or local exchange carrier toanother carrier; or
(4) employ a check, draft or other negotiable instrument that constitutesauthorization to change or add tothe consumer's accounts any supplemental telecommunications services.
(d) Any supplier that violates subsection (b) or (c) shall besubject to a civil penalty of not less than $5,000 nor more than$20,000 for each such violation instead of the penalty provided for insubsection (a) of K.S.A. 50-636, and amendments thereto.
(e) Any violation of this section is a deceptive andunconscionable act or practice under the provisions of the Kansasconsumer protection act and shall be subject to any and all of theenforcement provisions of the Kansas consumer protection act.Nothing in this section shall preclude the state corporationcommission from exerting its authority as it pertains to intrastateservices nor the attorney general from pursuing violations of anyother provisions of the Kansas consumer protection act by a supplier.
(f) All local exchange carriers shall offer consumers the option ofnotifying the local exchange carrier in writing that they do not desire anychange of telecommunications carrier regardless of any orders to the contrarysubmitted by any third party. The consumer shall be permitted to cancel suchnotification or to change its telecommunications carrier by notifying theconsumer's local exchange carrier accordingly. All local exchange carriersshall annually notify the consumers of the carrier's telecommunicationsservices of the availability of this option.
(g) Any person alleging a violation of this section may bring a privateaction to seek reliefpursuant to K.S.A. 50-634, 50-636 and this section, and amendments thereto, andsuch personmay be defined as a consumer pursuant to K.S.A. 50-624, and amendments thereto,for thepurposes of such private action.
(h) The attorney general and the state corporation commission shall enterinto amemorandum of understanding providing for the cooperation and sharing ofinformationnecessary to enforce this section against suppliers and to assist consumersunder federal and statelaw.
(i) This section shall be part of and supplemental to theKansas consumer protection act.
History: L. 1998, ch. 138, § 5;L. 2001, ch. 115, § 1; July 1.