44-1574. Ancillary service providers; prohibition; refund; penalties; program termination
A. An ancillary service provider shall not use a sweepstakes, contest or entry form as authorization to change or add goods or services to a consumer's telecommunications bill.
B. An ancillary service provider shall not use any written authorization agreement to change or add goods or services to a consumer's telecommunications bill unless the authorization is clear, conspicuous and printed in at least ten point bold type. The authorization agreement shall be in the same language used in any promotional or inducement materials provided to the consumer.
C. An ancillary service provider shall not charge a consumer through the consumer's telecommunications bill for goods or services without the consumer's authorization to add the goods or services. Any person, other than a local telecommunications service provider regulated by the commission, that provides billing services for an ancillary service provider is liable under this subsection if the billing person knows or should have known through a pattern or course of conduct that the ancillary service provider, telecommunications service provider or other person is participating in charging a consumer for goods and services without the consumer's authorization. A local telecommunications service provider that is regulated by the commission is not liable as a billing person pursuant to this section unless the local telecommunications service provider knows that it is participating in charging a consumer for goods and services without the consumer's authorization.
D. A consumer does not have to pay for any goods or services that are provided by an ancillary service provider and that the consumer did not authorize or for any goods that are not delivered or for any service that is not provided.
E. If the consumer paid for any goods or services that the consumer did not authorize, the unauthorized ancillary service provider shall refund to the consumer an amount equal to all charges paid to the unauthorized ancillary service provider by that consumer. The consumer may recover reasonable attorney fees and costs incurred in obtaining a refund from an unauthorized ancillary service provider.
F. Any violation of this section is an unlawful act or practice pursuant to section 44-1522. The attorney general may investigate the act or practice and take appropriate action pursuant to chapter 10, article 7 of this title.
G. The program established by this section ends on July 1, 2009 pursuant to section 41-3102.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.