69-3-1301. Purpose. The purpose of this part is to prohibit telecommunications carriers, including entities not otherwise regulated by the commission, from switching a customer’s telecommunications services from one telecommunications carrier to another without the customer’s consent and to prohibit charges for a product or service not requested by or provided to the customer from being placed […]
69-3-1302. Definitions. As used in this part, the following definitions apply: (1) ”Billing agent” means a telecommunications carrier that includes in a bill that it sends to a customer a charge for a product or service offered by a service provider. (2) ”Billing aggregator” means any entity, other than a service provider, that forwards the charge for a product […]
69-3-1303. Prohibition — exceptions. (1) A telecommunications carrier may not request a change in a customer’s primary interexchange carrier or local exchange company unless: (a) the requesting carrier has obtained the customer’s written or electronic signature on a form that contains clear and conspicuous disclosure of the customer’s request for a change in telecommunications carrier; (b) the customer […]
69-3-1304. Rulemaking authority. The commission may adopt rules to implement this part. History: En. Sec. 4, Ch. 325, L. 1997.
69-3-1305. Unauthorized change in telecommunications carrier — liability — penalty for violation. (1) A telecommunications carrier who initiates an unauthorized change in the customer’s telecommunications carrier in violation of 69-3-1303 is liable: (a) to the customer for all intrastate long-distance charges, interstate long-distance charges, monthly service charges, carrier switching fees, and other relevant charges incurred by the […]
69-3-1306 and 69-3-1307 reserved.
69-3-1308. Prohibitions on charges on bill — exceptions. (1) A telecommunications carrier, service provider, or other entity may not initiate charges to be placed on a customer’s telecommunications bill unless the service or product has been requested by and provided to the customer. A customer request must be made in the following manner: (a) by written authorization, […]
69-3-1309. Liability for unauthorized charges on telephone bill — penalty for violation. (1) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that any entity has initiated unauthorized charges to be placed on a customer’s telephone bill for services or products not provided or authorized or that a billing aggregator […]
69-3-1310. Misrepresentation concerning product or service — violations — complaints. (1) An entity may not misrepresent its association or affiliation with a telephone carrier when soliciting, inducing, or otherwise implementing the customer’s agreement to purchase the products or services of the entity and to have the charge for the product or service appear on the customer’s […]
69-3-1311. Registration requirements — prohibitions — revocation. (1) A service provider may not offer a product or service to a customer, the charge for which appears on the bill of a billing agent, unless the service provider is properly registered with the commission. (2) A billing aggregator may not forward to a billing agent charges for a service […]
69-3-1312 through 69-3-1314 reserved.
69-3-1315. Submission of list of entities served by billing aggregator required. Each billing aggregator doing business in Montana shall submit to the commission a list of service providers and other entities for which the billing aggregator provides billing services. The commission shall adopt rules that specify information that must be included with the list in order […]
69-3-1316. Notice to attorney general. If the commission has reason to believe that any entity has violated any provision of the law for which a criminal penalty is provided or any law regarding fraud or consumer protection, the commission shall notify the attorney general. History: En. Sec. 10, Ch. 249, L. 2003.
