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 except:
     (a) when the requesting carrier has obtained from the customer a document signed by the customer that contains clear and conspicuous disclosure of the customer's request for a change in telecommunications carrier;
     (b) when the customer affected by the change initiates the contact with the carrier in order to request the change; or
     (c) when the carrier who has initiated the change has obtained the customer's verbal authorization as verified by an independent third party or by electronic means in accordance with rules prescribed by the commission.
     (2) The documentation required in subsection (1):
     (a) must be signed by the customer responsible for paying the charges on the account held by the telecommunications carrier; and
     (b) may not be a part of any sweepstakes, contest, or similar promotional program.
     (3) A telecommunications carrier 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, in which the telecommunications provider or other entity has obtained a document signed by the customer containing a clear and conspicuous disclosure of the customer's authorization or order of the product or service; or
     (b) by verbal authorization, in which the telecommunications carrier or other entity has obtained the customer's verbal authorization as verified by an independent third party or by electronic means in accordance with commission rules.
     (4) The documentation provided for in subsections (3)(a) and (3)(b):
     (a) must be signed by the customer responsible for paying the charges on the telecommunications bill; and
     (b) may not be a part of a sweepstakes, contest, or similar promotional program.
     (5) A customer is not liable for any charges submitted for billing on the local exchange company's telephone bill by another carrier or entity for products or services that the customer did not authorize or that were not provided to the customer.
     (6) The provisions of subsections (3), (4), and (5) do not apply to a transaction between a customer and that customer's selected providers of local exchange or interexchange service.

     History: En. Sec. 3, Ch. 325, L. 1997; amd. Sec. 2, Ch. 244, L. 1999.