N.M. Admin. Code § 17.11.8.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 17.11.8.10 - CUSTOMER AUTHORIZATIONS

A. Customer authorization of any charge or change in provider on the customer's telephone bill shall not be valid unless:

(1) such authorization is contained in a letter of agency separate from any sales or solicitation material and which contains, in clear and conspicuous language, a full and complete description of any change process, including the identity of any new provider, and any charge for any product or service on the customer's bill. The letter of agency shall also contain, in clear and conspicuous language, 1) a full and complete description of the rates, fees and charges associated with any new provider and any product or service on the customer's telephone bill, 2) the customer's name and billing address, 3) a notation of each telephone number to be covered by any change in provider, 4) if applicable, a statement that the customer intends to change from one provider to another, and 5) a statement that the customer knows that there may be a charge for the change in service. At a minimum, the letter of agency must be printed with a type of sufficient size and readable type to be clearly legible, comparable to the type size and style used in any promotional materials accompanying the sales/marketing offer. The letter of agency shall be signed by the customer before any change may be made in a customer's provider, and before any charge for any product or service may be placed on a customer's bill; or

(2) such authorization is obtained pursuant to an oral agreement where the provider or seller originating the charge or change of provider records the entirety of any and all communications or conversations with the customer leading to such authorization, including all terms and conditions of any such charges or change in provider. Customer authorizations obtained pursuant to an oral agreement shall only be valid if the provider or seller originating the charge or change in provider provides the customer with a full and complete description of the rates, fees and charges associated with any new provider and any product or service on the customer's telephone bill. The customer's authorization pursuant to an oral agreement shall be obtained before any change may be made in a customer's provider, and before any charge for any product or service may be placed on a customer's bill.

B. Customer authorization of any charge or change in provider or service on a customer's telephone bill that does not comply with the requirements of these rules shall be void and without effect, except that authorization is not required for charges related to the use of customer-initiated dial-around" services such as 10-10-XXX", directory assistance, operator-assisted calls, and acceptance of collect calls.

C. Customer authorization of any charge or change in provider or service on a customer's telephone bill shall be void and without effect if obtained using a sweepstakes, contest, or drawing entry form.

N.M. Admin. Code § 17.11.8.10

8-16-99; Recompiled 12/31/01