HB 492 – AS INTRODUCED
2007 SESSION
05/03
HOUSE BILL 492
AN ACT relative to consumer protection in telecommunication contracts.
SPONSORS: Rep. Levesque, Hills 5
This bill establishes criteria for telecommunication billing practices and requires the telecommunications provider to correct a billing error regardless of the date on which it is discovered.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0740
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to consumer protection in telecommunication contracts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Telecommunications Consumer Protection. Amend RSA by inserting after chapter 359-H the following new chapter:
CHAPTER 359-I
TELECOMMUNICATIONS CONSUMER PROTECTION
359-I:1 Definition of Telecommunications. “Telecommunications” means the transmission of voice, data, or video through cable and wireless media.
359-I:2 Billing Practices.
I. Any telecommunications provider doing business in this state shall clearly identify on its bill the name and toll-free number of the originating party; the telecommunications service billed; and the specific charges, taxes, and fees associated with each telecommunications service.
II. A customer shall not be liable for any charges for telecommunications services that the customer did not order or that were not provided to the customer.
359-I:3 Relief. The telecommunications provider shall honor the terms of agreement with the customer regardless of the date on which a billing error or other violation of RSA 359-I:2 is discovered and shall correct the error regardless of the period of time between the date of the error and the date of the request for indemnification.
359-I:4 Violations. Any person injured by another’s violation of this chapter may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act or practice was a willful or knowing violation of this chapter, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney’s fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this section shall be void and unenforceable. Upon commencement of any action brought under this chapter, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.
2 Effective Date. This act shall take effect January 1, 2008.