§1166.1. Transfer of long distance services; suits for damages

A. No interexchange carrier, as that term is used in 47 CFR 64.1100, and no local exchange carrier, as that term is used in Section 3(26) of the Communications Act of 1934, as amended, shall transfer a long distance service customer to another long distance service provider until the order has first been confirmed in accordance with one of the following procedures:

(1) The interexchange carrier or local exchange carrier has obtained the customer's written authorization on forms prescribed by the Public Service Commission.

(2) The interexchange carrier or local exchange carrier has obtained the customer's electronic authorization, placed from the telephone number or numbers on which the primary interexchange carrier is to be changed, to submit the order that confirms the information to confirm the authorization.

(3) An appropriately qualified and independent third party operating in a location physically separate from the telemarketing representative has obtained the customer's oral authorization to submit the interexchange carrier's or local exchange carrier's change order that confirms and includes appropriate verification data, including but not limited to the customer's date of birth or social security number.

(4) Within three business days of the customer's request for an interexchange carrier or local exchange carrier change, the provider must send each new customer an information package by first class mail containing at least the following information concerning the requested change:

(a) The information is being sent to confirm a telemarketing order placed by the customer within the previous week.

(b) The name of the customer's current long distance provider.

(c) The name of the newly requested long distance provider.

(d) A description of any terms, conditions, or charges that will be incurred.

(e) The name of the person ordering the change.

(f) The name, address, and telephone number of both the customer and the soliciting long distance provider.

(g) A postpaid postcard which the customer can use to deny, cancel, or confirm a service order.

(h) A clear statement that the customer must return the postcard confirming the service order before the customer's long distance service can be switched.

(i) The name, address, and telephone number of a contact point at the Public Service Commission for consumer complaints.

(j) The interexchange carrier or local exchange carrier must wait fourteen days after the form is mailed to the customer before submitting his provider change order. If the customer has canceled his order or has not returned his postcard during the waiting period, the long distance provider shall not submit the customer's change order.

B.(1) Complainants whose long distance telephone services have been illegally transferred may file a petition for damages equal to three times the amount of damages incurred by the complainant when his long distance services were illegally transferred.

(2) The action may be brought in the district court having civil jurisdiction in any parish in which the complainant resides or is domiciled, or in which is located the principal operating office of the carrier, or in any parish in which the carrier did business, or, with consent of the parties, in the district court of the parish where the state capitol is located. In the event that the carrier was located outside of the state but was soliciting in the state by mail, telephone, or any electronic communication, the action may be brought in the district court having civil jurisdiction in the parish in which the contact was made.

(3) Any finding and order of the commission, as provided for in this Part, shall be prima facie evidence of the facts contained in its finding. The court may award reasonable attorney fees and costs.

(4) Interexchange carriers and local exchange carriers based in the state of Louisiana that own switching, transmission, and distribution facilities that are used to facilitate telecommunications shall not be subject to causes of action instituted pursuant to this Subsection.

Acts 1999, No. 1242, §1.