Today's Law As Amended


Add To My Favorites | print page

AB-891 Telecommunications: consumer protection.(2007-2008)



As Amends the Law Today


SECTION 1.

 Article 11 (commencing with Section 905) is added to Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, to read:

Article  11. Truth in Telecommunications Sales Act
905.
 (a) The Legislature finds and declares that a disclosure, contract, or agreement described in this article should be made in the language used to negotiate the contract or agreement and that Section 1632 of the Civil Code is a reasonable model for non-English disclosures described in this article.
(b) It is the intent of the Legislature to ensure full disclosure in the sales of telecommunications products and services, including mobile telephony services, by requiring that customers receive sufficient information to make an informed decision.
(c) For the purposes of this section, the following terms have the following meanings:
(1) “Customer” means any customer that subscribes for not more than 20 telephone access lines from any single telephone service provider. Any customer subscribing to more than one T-1 line is not a customer for purposes of this section.
(2) “Telecommunications service provider” means any person, corporation, or other entity selling or providing telecommunications service as defined in Section 153 of Title 47 of the United States Code, and includes a telephone corporation, contracted agents of the telephone corporation, and a reseller of the telephone corporation.
(d) Except for those contracts and agreements formed pursuant to subdivision (f), a contract or agreement with a customer for telecommunications services is not binding and enforceable unless the telecommunications service provider has clearly and conspicuously disclosed the key rates, terms, and conditions of the contract or agreement orally and in a single written document, except that no oral disclosure is required if the contract or agreement is negotiated only by means of written or electronic communication.
(e) Except for those contracts and agreements formed pursuant to subdivision (f), a contract or agreement with a customer for telecommunications services is not binding and enforceable unless the telecommunications service provider provides the customer a copy of each contract or agreement between the telecommunications service provider and the customer prior to supplying telecommunications products or service.
(f) If the formation of a contract or agreement is completed by telephone, a telecommunications service provider shall provide a written confirmation containing the key rates, terms, and conditions of service of every order and a copy of each contract or agreement between the telecommunications service provider and the customer within 10 days of formation of the contract or agreement.
(g) A telecommunications service provider that advertises or negotiates, verbally or in writing, primarily in a language other than English, during the formation of the contract or agreement to provide telecommunications services, shall provide to the customer a translation of any documents required in subdivisions (d), (e), and (f) in the language in which the contract or agreement was negotiated.
(h) If a customer affirmatively requests that all communications from the telecommunications service provider be through electronic means, all written confirmations, copies, and disclosures required under this section may be delivered by electronic mail.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.