§ 2466 - Goods and services appearing on telephone bill
§ 2466. Goods and services appearing on telephone bill
(a) No seller shall bill a consumer for goods or services that will appear as a charge on the person's local telephone bill without the consumer's express authorization.
(b) No later than the tenth business day after a seller has entered into a contract or other agreement with a consumer to sell or lease or otherwise provide for consideration goods or services that will appear as a charge on the consumer's local telephone bill, the seller shall send, or cause to be sent, to the consumer, by first-class mail, postage prepaid, a notice of the contract or agreement.
(c) The notice shall clearly and conspicuously disclose:
(1) The nature of the goods or services to be provided;
(2) The cost of the goods or services;
(3) Information on how the consumer may cancel the contract or agreement;
(4) The consumer assistance address and telephone number specified by the attorney general;
(5) That the charges for the goods or services may appear on the consumer's local telephone bill; and
(6) Such other information as the attorney general may prescribe by rule.
(d) The notice shall be a separate document sent for the sole purpose of providing to the consumer the information required by subsection (c) of this section. The notice shall not be combined with any sweepstakes offer or other inducement to purchase goods or services.
(e) The sending of the notice required by this section is not a defense to a claim that a consumer did not consent to enter into the contract or agreement.
(f) No person shall arrange on behalf of a seller of goods or services, directly or through an intermediary, with a local exchange carrier, to bill a consumer for goods or services unless the seller complies with this section. This prohibition applies, but is not limited, to persons who aggregate consumer billings for a seller and to persons who serve as a clearinghouse for aggregated billings.
(g) Failure to comply with this section is an unfair and deceptive act and practice in commerce under this chapter.
(h) The attorney general may make rules and regulations to carry out the purposes of this section.
(i) Nothing in this section limits the liability of any person under existing statutory or common law.
(j) This section does not apply to sellers regulated by the Vermont public service board under Title 30, other than section 231a of Title 30. Nothing in this section affects any rule issued by the Vermont public service board. (Added 1999, No. 67 (Adj. Sess.), § 5.)