HB 1458 – AS INTRODUCED
2012 SESSION
06/05
HOUSE BILL 1458
AN ACT relative to the responsibilities of telecommunications companies that permit third party billing.
SPONSORS: Rep. Hansen, Hills 6; Rep. Peckham, Rock 13; Rep. Flanagan, Hills 5; Rep. Condra, Hills 4; Rep. Burt, Hills 7; Rep. Leishman, Hills 3; Rep. Webb, Rock 5; Rep. Andolina, Straf 6; Rep. Hinch, Hills 19; Rep. Winter, Merr 3; Sen. White, Dist 9
COMMITTEE: Science, Technology and Energy
This bill requires telecommunications companies that permit third party charges to appear on their bills to ensure that service providers require the customer to take positive action to accept the product or service.
This bill also requires telecommunications companies to separate third party charges from the rest of the bill and to inform the customer how to opt out of the product or service.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2328
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the responsibilities of telecommunications companies that permit third party billing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Definition; Telecommunications Company. Amend RSA 378:44 by inserting after paragraph VIII the following new paragraph:
VIII-a. “Telecommunications company” means a company offering traditional dial tone services, the transmission of voice, data, or video through cable and wireless media, and any other similar services to be offered in the future.
2 New Sections; Charges by Service Providers; Duty of Telecommunications Companies. Amend RSA 378 by inserting after section 47 the following new sections:
378:47-a Duty of Telecommunications Companies.
I. No telecommunication company shall permit any service provider or billing aggregator to place a charge for products or services on its bill unless the service provider:
(a) Required the customer to take positive action to accept the product or service; and
(b) Informed the customer that the charge for such product or service would appear on the telecommunications company bill.
II. Any telecommunications company that permits third party charges to appear on its bill in accordance with paragraph I shall separate such charges from other charges on the bill, include a prominent notice on the bill that such charges are for the products or services of a third party, and provide either a telephone number or website address that customers may use to opt out of the product or service.
378:47-b Refund Required. Any telecommunications company that permits third party charges to be placed on its bills in violation of RSA 378:47-a shall refund the amount of such charges to its customers within 30 days of payment.
378:47-c Penalty. Any telecomunications company that permits third party charges to be placed on its bills in violation of RSA 378:47-a shall be fined $500 for each such charge.
3 Effective Date. This act shall take effect January 1, 2013.