NAC704.68028. Confirmation of certain orders for change of telecommunication service.

A telecommunication provider shall not submit to another provider of basic service or other provider of local exchange service an order to change telecommunication service generated by telemarketing, door-to-door canvassing or other marketing methods until the order has been confirmed in accordance with at least one of the following procedures:

     1. The telecommunication provider may obtain the written authorization of the customer to submit the order which confirms:

     (a) The customer’s billing name and address and each telephone number to be covered by the change of service;

     (b) The customer’s decision to change the service; and

     (c) The customer’s understanding of the fee charged for changing the service.

     2. The telecommunication provider may electronically obtain the customer’s authorization to submit the order if the authorization confirms the information described in subsection 1 and the customer is confirming the authorization from the telephone number on which the service is to be changed. A telecommunication provider electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. A call to the toll-free telephone number must connect a customer to a voice response unit, or similar mechanism, that records the required information regarding the change of service. Such a unit or mechanism must automatically record the number of the telephone from which the customer is calling to confirm the order to change service.

     3. An appropriately qualified and independent third person who is in a location which is physically separate from that of the marketing representative who took the order for the change in service may obtain the customer’s oral authorization to submit the order to change service. The oral authorization must confirm and include appropriate verification data, such as the date of birth of the customer.

     4. Within 3 business days after the customer’s order to change service, the telecommunication provider may send the customer by first-class mail an information package which includes, but is not limited to:

     (a) A statement that the information is being sent to confirm a marketing order which was placed by the customer within the previous week;

     (b) The name of the customer’s current telecommunication provider;

     (c) The name of the newly requested telecommunication provider;

     (d) A description of the terms and conditions that will be changed and the charges that will be incurred as a result of the change;

     (e) The name of the person ordering the change;

     (f) The name, address and telephone number of both the customer and the soliciting telecommunication provider;

     (g) A postcard, with postage prepaid, which the customer must complete and return to the provider to deny, cancel or confirm the change in service; and

     (h) The name, address and telephone number of the Division of Consumer Complaint Resolution of the Commission for consumer complaints.

Ê A telecommunication provider must wait until it has received the postcard, with postage prepaid, confirming the customer’s order for a change in the service before submitting that order.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)