4-98-103. Information and disclosure message.

4-98-103. Information and disclosure message. (a)(1) An information provider that offers pay-per-call services in this state shall provide a minimum of twelve (12) seconds of delayed timing for an information and disclosure message which shall be reasonable in speed so as to be clearly understandable. (2) A three-second period of silence shall follow the information and disclosure message. (3) If the consumer disconnects the call within the delayed timing period, or within three (3) seconds after the delayed timing period, no information charge shall be billed to the caller. (4) If the delayed timing period is exceeded, a consumer shall be billed from the time of the initial connection, and transport charges shall be billed to the information provider from the time of the initial connection. (5) During the delayed timing period, the information provider shall inform the consumer of all of the following: (A) An accurate description of the service that will be provided to the caller; (B) An accurate summation of the cost of the service including, but not limited to, all of the following: (i) The initial flat rate charge, if any; (ii) The charge per minute, if any; and (iii) The maximum charge per call; (C) That, if the caller disconnects the call within the delayed timing period, the consumer will not be charged for the call; and (D) Before the end of the delayed timing period, that the billing will commence after a specified event following the disclosure message, such as a signal tone. (b) Any information charges and price disclosure message associated with a pay-per-call service that is aimed at or likely to be of interest to children under the age of eighteen (18) years must contain a statement that the caller should hang up unless he or she has parental permission. (c)(1) A caller may be provided the means to bypass the information and disclosure message on subsequent calls, provided that the caller has sole control of that capability, except that any bypass device shall be disabled for a period of thirty (30) days following the effective date of a price increase for the service. (2) Instructions on how to bypass must be either at the end of the preamble message or at the end of the service. (d) When an information provider's pay-per-call service results in a total potential cost of two dollars ($2.00) or less, or if the call is being provided for polling services, asynchronous or computerized data transmission technology, or political fundraising, the provisions of this section shall not apply.