§  64.2401   Truth-in-Billing Requirements.

   Link to an amendment published at  77 FR 65320 , October 26, 2012.

   Link to a correction published at  77 FR 71353 , November 30, 2012.

   (a) Bill organization. Telephone bills shall be clearly organized, and
   must comply with the following requirements:

   (1) The name of the service provider associated with each charge must
   be clearly and conspicuously identified on the telephone bill.

   (2) Where charges for two or more carriers appear on the same telephone
   bill, the charges must be separated by service provider.

   (3) Carriers that place on their telephone bills charges from third
   parties for non-telecommunications services must place those charges in
   a distinct section of the bill separate from all carrier charges.
   Charges in each distinct section of the bill must be separately
   subtotaled. These separate subtotals for carrier and non-carrier
   charges also must be clearly and conspicuously displayed along with the
   bill total on the payment page of a paper bill or equivalent location
   on an electronic bill. For purposes of this subparagraph “equivalent
   location on an electronic bill” shall mean any location on an
   electronic bill where the bill total is displayed and any location
   where the bill total is displayed before the bill recipient accesses
   the complete electronic bill, such as in an electronic mail message
   notifying the bill recipient of the bill and an electronic link or
   notice on a Web site or electronic payment portal.

   (4) The telephone bill must clearly and conspicuously identify any
   change in service provider, including identification of charges from
   any new service provider. For purpose of this subparagraph “new service
   provider” means a service provider that did not bill the subscriber for
   service during the service provider's last billing cycle. This
   definition shall include only providers that have continuing
   relationships with the subscriber that will result in periodic charges
   on the subscriber's bill, unless the service is subsequently canceled.

   (b) Descriptions of billed charges. Charges contained on telephone
   bills must be accompanied by a brief, clear, non-misleading, plain
   language description of the service or services rendered. The
   description must be sufficiently clear in presentation and specific
   enough in content so that customers can accurately assess that the
   services for which they are billed correspond to those that they have
   requested and received, and that the costs assessed for those services
   conform to their understanding of the price charged.

   (c) “Deniable” and “Non-Deniable” Charges. Where a bill contains
   charges for basic local service, in addition to other charges, the bill
   must distinguish between charges for which non-payment will result in
   disconnection of basic, local service, and charges for which
   non-payment will not result in such disconnection. The carrier must
   explain this distinction to the customer, and must clearly and
   conspicuously identify on the bill those charges for which non-payment
   will not result in disconnection of basic, local service. Carriers may
   also elect to devise other methods of informing consumers on the bill
   that they may contest charges prior to payment.

   (d) Clear and conspicuous disclosure of inquiry contacts. Telephone
   bills must contain clear and conspicuous disclosure of any information
   that the subscriber may need to make inquiries about, or contest,
   charges on the bill. Common carriers must prominently display on each
   bill a toll-free number or numbers by which subscribers may inquire or
   dispute any charges on the bill. A carrier may list a toll-free number
   for a billing agent, clearinghouse, or other third party, provided such
   party possesses sufficient information to answer questions concerning
   the subscriber's account and is fully authorized to resolve the
   consumer's complaints on the carrier's behalf. Where the subscriber
   does not receive a paper copy of his or her telephone bill, but instead
   accesses that bill only by e-mail or internet, the carrier may comply
   with this requirement by providing on the bill an e-mail or web site
   address. Each carrier must make a business address available upon
   request from a consumer.

   (e) Definition of clear and conspicuous. For purposes of this section,
   “clear and conspicuous” means notice that would be apparent to the
   reasonable consumer.

   (f) Blocking of third-party charges. (1) Carriers that offer
   subscribers the option to block third-party charges from appearing on
   telephone bills must clearly and conspicuously notify subscribers of
   this option at the point of sale and on each carrier's Web site.

   (2) Carriers that offer subscribers the option to block third-party
   charges from appearing on telephone bills must clearly and
   conspicuously notify subscribers of this option on each telephone bill.

   [ 64 FR 34497 , June 25, 1999, as amended at  65 FR 43258 , July 13, 2000;
    76 FR 63563 , Oct. 13, ;77 2011 FR 30919 , May 24, 2012]

   Effective Date Note: At  77 FR 30919 , May 24, 2012, §  64.2401 was
   amended, paragraphs (a)(3) and (f) were revised and they contain
   information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of
   Management and Budget.

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Subpart Z—Prohibition on Exclusive Telecommunications Contracts

   Source:  66 FR 2334 , Jan. 11, 2001, unless otherwise noted.

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