§ 64.1602   Restrictions on use and sale of telephone subscriber information
provided pursuant to automatic number identification or charge number
services.

   (a) Any common carrier providing Automatic Number Identification or
   charge number services on interstate calls to any person shall provide
   such services under a contract or tariff containing telephone
   subscriber information requirements that comply with this subpart. Such
   requirements shall:

   (1) Permit such person to use the telephone number and billing
   information for billing and collection, routing, screening, and
   completion of the originating telephone subscriber's call or
   transaction, or for services directly related to the originating
   telephone subscriber's call or transaction;

   (2) Prohibit such person from reusing or selling the telephone number
   or billing information without first

   (i) Notifying the originating telephone subscriber and,

   (ii) Obtaining the affirmative consent of such subscriber for such
   reuse or sale; and,

   (3) Prohibit such person from disclosing, except as permitted by
   paragraphs (a) (1) and (2) of this section, any information derived
   from the automatic number identification or charge number service for
   any purpose other than

   (i) Performing the services or transactions that are the subject of the
   originating telephone subscriber's call,

   (ii) Ensuring network performance security, and the effectiveness of
   call delivery,

   (iii) Compiling, using, and disclosing aggregate information, and

   (iv) Complying with applicable law or legal process.

   (b) The requirements imposed under paragraph (a) of the section shall
   not prevent a person to whom automatic number identification or charge
   number services are provided from using

   (1) The telephone number and billing information provided pursuant to
   such service, and

   (2) Any information derived from the automatic number identification or
   charge number service, or from the analysis of the characteristics of a
   telecommunications transmission, to offer a product or service that is
   directly related to the products or services previously acquired by
   that customer from such person. Use of such information is subject to
   the requirements of 47 CFR 64.1200 and 64.1504(c).

   [ 60 FR 29490 , June 5, 1995]

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