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15 U.S.C. § 5711 — Short title; findings
Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Telephone Disclosure and Dispute Resolution Act”.
**(b) Findings** The Congress finds the following:
(1) The use of pay-per-call services, most commonly through the use of 900 telephone numbers, has grown exponentially in the past few years into a national, billion-dollar industry as a result of recent technological innovations. Such services are convenient to consumers, cost-effective to vendors, and profitable to communications common carriers.
(2) Many pay-per-call businesses provide valuable information, increase consumer choices, and stimulate innovative and responsive services that benefit the public.
(3) The interstate nature of the pay-per-call industry means that its activities are beyond the reach of individual States and therefore requires Federal regulatory treatment to protect the public interest.
(4) The lack of nationally uniform regulatory guidelines has led to confusion for callers, subscribers, industry participants, and regulatory agencies as to the rights of callers and the oversight responsibilities of regulatory authorities, and has allowed some pay-per-call businesses to engage in practices that abuse the rights of consumers.
(5) Some interstate pay-per-call businesses have engaged in practices which are misleading to the consumer, harmful to the public interest, or contrary to accepted standards of business practices and thus cause harm to the many reputable businesses that are serving the public.
(6) Because the consumer most often incurs a financial obligation as soon as a pay-per-call transaction is completed, the accuracy and descriptiveness of vendor advertisements become crucial in avoiding consumer abuse. The obligation for accuracy should include price-per-call and duration-of-c
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 5711
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Source file: Laws/federal/codes/united-states-code/title-15/section-5711-short-title-findings--002ab7da1f.md
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Source location: Title 15, Chapter 83, § 5711; chapter-083-telephone-disclosure-and-dispute-resolution.md
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**(a) Short title** This chapter may be cited as the “Telephone Disclosure and Dispute Resolution Act”.
**(b) Findings** The Congress finds the following:
(1) The use of pay-per-call services, most commonly through the use of 900 telephone numbers, has grown exponentially in the past few years into a national, billion-dollar industry as a result of recent technological innovations. Such services are convenient to consumers, cost-effective to vendors, and profitable to communications common carriers.
(2) Many pay-per-call businesses provide valuable information, increase consumer choices, and stimulate innovative and responsive services that benefit the public.
(3) The interstate nature of the pay-per-call industry means that its activities are beyond the reach of individual States and therefore requires Federal regulatory treatment to protect the public interest.
(4) The lack of nationally uniform regulatory guidelines has led to confusion for callers, subscribers, industry participants, and regulatory agencies as to the rights of callers and the oversight responsibilities of regulatory authorities, and has allowed some pay-per-call businesses to engage in practices that abuse the rights of consumers.
(5) Some interstate pay-per-call businesses have engaged in practices which are misleading to the consumer, harmful to the public interest, or contrary to accepted standards of business practices and thus cause harm to the many reputable businesses that are serving the public.
(6) Because the consumer most often incurs a financial obligation as soon as a pay-per-call transaction is completed, the accuracy and descriptiveness of vendor advertisements become crucial in avoiding consumer abuse. The obligation for accuracy should include price-per-call and duration-of-call information, odds disclosure for lotteries, games, and sweepstakes, and obligations for obtaining parental consent from callers under 18.
(7) The continued growth of the legitimate pay-per-call industry is dependent upon consumer confidence that unfair and deceptive behavior will be effectively curtailed and that consumers will have adequate rights of redress.
(8) Vendors of telephone-billed goods and services must also feel confident in their rights and obligations for resolving billing disputes if they are to use this new marketplace for the sale of products of more than nominal value.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** It is the purpose of this section—
(1) to put into effect a system of national regulation and review that will oversee interstate pay-per-call services; and
(2) to recognize the Commission’s authority to prescribe regulations and enforcement procedures and conduct oversight to afford reasonable protection to consumers of pay-per-call services and to assure that violations of Federal law do not occur.
**(b) General authority for regulations** The Commission by regulation shall, within 270 days after October 28, 1992, establish a system for oversight and regulation of pay-per-call services in order to provide for the protection of consumers in accordance with this chapter and other applicable Federal statutes and regulations. The Commission’s final rules shall—
(1) include measures that provide a consumer of pay-per-call services with adequate and clear descriptions of the rights of the caller;
(2) define the obligations of common carriers with respect to the provision of pay-per-call services;
(3) include requirements on such carriers to protect against abusive practices by providers of pay-per-call services;
(4) identify procedures by which common carriers and providers of pay-per-call services may take affirmative steps to protect against nonpayment of legitimate charges; and
(5) require that any service described in subparagraphs (A) and (B) of subsection (i)(1) be offered only through the use of certain telephone number prefixes and area codes.
**(c) Common carrier obligations** Within 270 days after October 28, 1992, the Commission shall, by regulation, establish the following requirements for common carriers:
(1) **Contractual obligations to comply** — Any common carrier assigning to a provider of pay-per-call services a telephone number w
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 228
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations** The Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations (1) governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications; and (2) establishing minimum performance standards for home electronic equipment and systems to reduce their susceptibility to interference from radio frequency energy. Such regulations shall be applicable to the manufacture, import, sale, offer for sale, or shipment of such devices and home electronic equipment and systems, and to the use of such devices.
**(b) Restrictions** No person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section.
**(c) Exceptions** The provisions of this section shall not be applicable to carriers transporting such devices or home electronic equipment and systems without trading in them, to devices or home electronic equipment and systems manufactured solely for export, to the manufacture, assembly, or installation of devices or home electronic equipment and systems for its own use by a public utility engaged in providing electric service, or to devices or home electronic equipment and systems for use by the Government of the United States or any agency thereof. Devices and home electronic equipment and systems for use by the Government of the United States or any agency thereof shall be developed, procured, or otherwise acquired, including offshore procurement, under United States Government criteria, standards, or specifications d
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 302a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** As used in this section—
(1) The term “automatic telephone dialing system” means equipment which has the capacity—
(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and
(B) to dial such numbers.
(2) The term “established business relationship”, for purposes only of subsection (b)(1)(C)(i), shall have the meaning given the term in section 64.1200 of title 47, Code of Federal Regulations, as in effect on January 1, 2003, except that—
(A) such term shall include a relationship between a person or entity and a business subscriber subject to the same terms applicable under such section to a relationship between a person or entity and a residential subscriber; and
(B) an established business relationship shall be subject to any time limitation established pursuant to paragraph (2)(G)).11 So in original. Second closing parenthesis probably should not appear.
(3) The term “telephone facsimile machine” means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper.
(4) The term “telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization.
(5) The term “un
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 227
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise provided in [section 5712 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section5712&num=0&edition=prelim), this subchapter shall be enforced by the Commission under the Federal Trade Commission Act ([15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.). Consequently, no activity which is outside the jurisdiction of that Act shall be affected by this chapter, except for purposes of this subchapter.
**(b) Actions by Commission** The Commission shall prevent any person from violating a rule of the Commission under [section 5711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section5711&num=0&edition=prelim) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ([15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.) were incorporated into and made a part of this subchapter. Any person who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 5714
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Federal law — U.S. Code and appendices · legal_authorities
Page 2211
TITLE 15—COMMERCE AND TRADE
§ 5711
(3) The interstate nature of the pay-per-call
industry means that its activities are beyond
the reach of individual States and therefore
requires Federal regulatory treatment to pro-
tect the public interest.
(4) The lack of nationally uniform regu-
latory guidelines has led to confusion for call-
ers, subscribers, industry participants, and
regulatory agencies as to the rights of callers
and the oversight responsibilities of regu-
latory authorities, and has allowed some pay-
per-call businesses to engage in practices that
abuse the rights of consumers.
(5) Some interstate pay-per-call businesses
have engaged in practices which are mis-
leading to the consumer, harmful to the public
interest, or contrary to accepted standards of
business practices and thus cause harm to the
many reputable businesses that are serving
the public.
(6) Because the consumer most often incurs
a financial obligation as soon as a pay-per-call
transaction is completed, the accuracy and de-
scriptiveness of vendor advertisements become
crucial in avoiding consumer abuse. The obli-
gation for accuracy should include price-per-
call and duration-of-call information, odds dis-
closure for lotteries, games, and sweepstakes,
and obligations for obtaining parental consent
from callers under 18.
(7) The continued growth of the legitimate
pay-per-call industry is dependent upon con-
sumer confidence that unfair and deceptive be-
havior will be effectively curtailed and that
consumers will have adequate rights of re-
dress.
(8) Vendors of telephone-billed goods and
services must also feel confident in their
rights and obligations for resolving billing dis-
putes if they are to use this new marketplace
for the sale of products of more
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 5711
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.