P.R. Laws tit. 27, § 269c-1

2019-02-20 00:00:00+00
§ 269c-1. Imposition of provider or additional surcharge

(a)

(1) With the exception of the provisions of clauses (2) and (3) of this subsection, a telecommunications company shall not charge a client for telecommunication services not requested by him/her.

(2) Any telecommunications company that imposes a charge for services not requested shall [credit] the amount or sum of said charge to the next invoice, provided that the subscriber has notified the telecommunications company that he/she did not request nor use said service.

(3) A telecommunications company that receives a notice from the subscriber, as provided in clause (2) of this subsection, shall have the obligation to inform said person of his/her right to limit or block the future use of the services, and shall limit or block the future use of the services in question, if thus requested. If the subscriber requests the company not to limit or block the service, or subsequently requests that said limitation or blocking be cancelled, the subscriber shall be liable for the charges caused by the subsequent use of said services. The telecommunications company shall not collect a recurrent charge for the limiting or blocking of the service.

(b) Imposition of provider; fraud.—

(1) To impose, require or request a change of the telecommunications services provider of a subscriber without the verification of his/her consent shall constitute fraud.

(2) A person who has subscribed to a telecommunications service may avail him/herself of the remedies provided by the law for any violation of clause (1) of this subsection.

(3) The following is provided for the purposes [sic] of clause (1) of this subsection:

(A) The consent of the person subscribed to the telecommunications services may be verified through any method that is consistent with federal and state laws and regulations.

(B) Compliance with federal and state laws and regulations shall constitute a defense against an allegation of fraud, pursuant to clause (1) of this subsection.

(C) It shall be the responsibility of the telecommunications company that requests the change in the telecommunications services provider of the subscriber to verify the consent. Any telecommunications company that makes a change of the telecommunications services provider shall be liable or may be subject to prosecution under the provisions of this section only if it participates in the process of change knowing that the due authorization of the subscriber did not exist.

History —Sept. 12, 1996, No. 213, added as § III-5 on Sept. 2, 1999, No. 302, § 2.