Current through 2024-51, December 18, 2024
Section 407-291-9 - CONFIRMATION OF ORDER WITH WRITTEN TERMS AND CONDITIONSA non-ETC shall provide customers with written confirmation of orders generated by outbound sales calls. The written confirmation must include the specific terms and conditions for each service ordered by the customer and must be provided no later than the time the customer receives the first bill for service. The written confirmation may be included with the first bill for services. Orders for services generated by inbound calls from customers do not require written confirmation.
A.Services and fees. 1.Price, fees and terms and conditions. The written confirmation shall disclose each service or package of services ordered by the customer with its separate price, late fees, fees for installation, disconnection, termination or cancellation, registration fees, and any other terms and conditions to which the customer is required to adhere.2.Disputes. The written confirmation shall include instructions on how to dispute charges with the non-ETC.3.Price of service. The written confirmation shall include all relevant information necessary for the customer to calculate the full price of service.B.Customer option to cancel order. Upon receipt of a written confirmation, a customer may, for any reason, cancel the order without penalty or further obligation. The customer shall pay or formally dispute any charges incurred prior to canceling the service.C.Electronic confirmation. In situations where a non-ETC solicits a service electronically, e.g. using the Internet, the written confirmation may also be provided by similar electronic means.D.Written contracts for services. To the extent that the requirements of this section are consistent with the information contained in a written contract for services between the non-ETC and the customer, the written contract can serve as the written notice required by this section. Written confirmation of an order is required, however, in situations where the written contract does not address each of the requirements of subsection A above. In such situations, the written notice may include only the requirements not included in the written contract.65- 407 C.M.R. ch. 291, § 9