69-3-1303. Prohibition -- exceptions. (1) A telecommunications carrier may not request a change in a customer's primary interexchange carrier or local exchange company unless:
(a) the requesting carrier has obtained the customer's written or electronic signature on a form that contains clear and conspicuous disclosure of the customer's request for a change in telecommunications carrier;
(b) the customer affected by the change initiates the contact with the carrier in order to request the change;
(c) the carrier who has initiated the change has obtained the customer's verbal authorization as verified by an independent third party or by electronic means in accordance with rules prescribed by the commission; or
(d) the change in carrier is the result of a sale or transfer of a subscriber base from one carrier to another and the carrier that has acquired the subscriber base has notified the commission and customers affected by the change in accordance with rules prescribed by the commission.
(2) The documentation required in subsection (1):
(a) must include the written or electronic signature of the customer responsible for paying the charges on the account held by the telecommunications carrier; and
(b) may not be a part of any sweepstakes, contest, or similar promotional program.
History: En. Sec. 3, Ch. 325, L. 1997; amd. Sec. 2, Ch. 244, L. 1999; amd. Sec. 2, Ch. 150, L. 2003; amd. Sec. 3, Ch. 249, L. 2003.
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