Rule 38.5.3901 - CUSTOMER AUTHORIZATION REQUIRED PRIOR TO PLACEMENT OF CHARGES ON CUSTOMERS' TELEPHONE BILL(1) A telecommunications carrier or other entity that is neither the customer's selected provider of local exchange service nor selected provider of interexchange service may not initiate the placement on a customer's telecommunications bill of charges for services or products except: (a) When the service is a customer initiated and controlled selection or approval of a calling method, such as dial-around or acceptance of a collect call, or a customer initiated and controlled selection of an available service which will facilitate completing a call, such as directory assistance or operator assistance, if the charges for such calling-method and call-facilitation services are assessed on a per-use basis only and no further obligation of any kind extends to the customer;(b) When the telecommunications provider or other entity initiating the placement of charges has obtained the customer's written or electronic signature authorization in a form that meets the letter of agency form and content requirements in ARM 38.5.3904;(c) When the telecommunications provider or other entity initiating the placement of charges has obtained the customer's electronic authorization to submit the order for the product or service that confirms the information described in the letter of agency form and content in ARM 38.5.3904. Carriers or other entities electing to confirm customer authorizations electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the number(s) will connect a customer to a voice response unit, or similar mechanism, that records the required information regarding the authorization for services or products, including automatically recording the originating automatic number identification; or(d) When a qualified and independent third party operating in a location physically separate from the carrier's or other entity's telemarketing representative has obtained a customer's verbal authorization for the product or service, providing the third party verification includes: (i) a statement that the purpose of the call is to verify the customer's intent to order the product or service. The product or service and all charges applicable to the product or service must be clearly identified to the customer;(ii) confirmation that the person whose authorization for a product or service is being verified is the subscriber on the billed telecommunications account or a person authorized by the subscriber to make decisions regarding the billed telephone account on behalf of the subscriber;(iii) verification data unique to the customer (e.g., the customer's date of birth or social security number); and(iv) the name and toll free telephone number of the provider of the requested product or service.(2) The independent third party:(a) may not be owned, managed, controlled, or directed by the carrier or other entity or their marketing agent;(b) may not have any financial incentive to confirm product or service orders for the carrier, other entity, or their marketing agent; and(c) must operate in a location physically separate from the carrier, other entity or their marketing agent.(3) Any letter of agency, electronic authorization or verbal authorization verified by an independent third party that does not conform with this rule is invalid. Documentation of valid verbal authorization must demonstrate compliance with each element required by (1) (c) above.(4) The submitting carrier or other entity shall maintain and preserve records of verification of subscriber authorization for a minimum period of two years after obtaining such verification.(5) Where a telecommunications carrier or other entity is selling more than one type of product or service, that carrier or other entity must obtain separate authorization from the subscriber for each product or service ordered, although the authorizations may be made within the same solicitation. Each authorization must be verified separately from any other authorizations obtained in the same solicitation. Each authorization must be verified in accordance with the verification procedures prescribed in this rule.Mont. Admin. r. 38.5.3901
NEW, 1999 MAR p. 2086, Eff. 9/24/99; AMD, 2003 MAR p. 2085, Eff. 9/26/03.69-3-1301, 69-3-1302, 69-3-1303 and 69-3-1304, MCA; IMP, 69-3-1301, 69-3-1303 and 69-3-1304, MCA;