59.1-430 - Required disclosures.
§ 59.1-430. Required disclosures.
A. Every pay-per-call service advertisement or solicitation shall disclose(i) that a fee in excess of applicable telephone company or long distancecarrier charges, if any, is charged for calls to the telephone numberprovided; (ii) the per-minute or flat-rate charges for the calls; (iii) theaverage length of call, measured in minutes, required to receive the service;(iv) whether additional calls to other pay-per-call services are required toobtain the full benefit of the service; and (v) the information provider'sname, business address, and business telephone number.
In television advertisements, the price disclosure shall be preceded by adollar sign, stated in arabic numerals, positioned in the lower portion ofthe television screen in letters large enough to be easily read by viewersand displayed during the entire time the telephone number is displayed. Inwritten materials, the cost of the call shall be printed in ten-pointbold-faced type immediately adjacent to the pay-per-call service telephonenumber.
B. The disclosures required by subsection A of this section shall beconspicuously displayed in a manner reasonably intended to furnish advancenotice of the pay-per-call service's total cost.
C. Every information provider shall disclose to the customer at the beginningof each call for which pay-per-call charges are incurred the per-minute orflat-rate charges for the pay-per-call service if (i) the per-minute ratecharged is two dollars or more; (ii) the flat-rate charge is five dollars ormore; or (iii) the pay-per-call service is intended for children under theage of twelve, regardless of the amount charged. In addition, pay-per-callservices intended for children under the age of twelve shall also include anintroductory statement that children should obtain prior parental approvalbefore calling the service. The information provider shall also provide adelayed timing of information charges.
D. Every information provider shall provide a period of a minimum of twelveseconds for a delayed timing of information charges and price disclosuremessage. If the delayed timing period is exceeded, a consumer shall bebilled from the time of the initial connection, and transport charges shallbe billed to the information provider from the time of the initialconnection. If the consumer disconnects the call within the delayed timingperiod, no information charge shall be billed to the caller.
During the delayed timing period, the information provider shall inform theconsumer of any information required by subsection C of this section and ofall of the following: (i) the name of the programs; (ii) the date theinformation was recorded, if the information is a recorded message; and (iii)that if the caller disconnects the call within the delayed timing period, theconsumer will not be charged for the call.
(1991, cc. 608, 630; 1992, c. 284.)