Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Prohibits imposition of certain charges on voice communications service bill that were not authorized by customer.
CURRENT VERSION OF TEXT
As reported by the Senate Economic Growth Committee on June 15, 2021, with amendments.
An Act concerning the imposition of certain charges on voice communications service bills and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
“Board” means the Board of Public Utilities or any successor agency.
“Cramming” means the practice of placing charges on a customer’s voice communications service bill at the request of a third party or billing aggregator that the customer did not order or authorize or, if authorized by the customer, authorization was obtained through misleading or deceptive means.
"Customer" means a 1residential1 customer with a billing address in this State who subscribes to a voice communications service for a fee.
“Voice communications service” means a service providing voice communications to a customer for profit using any wireline or wireless communications equipment or technology.
2. a. A customer shall not be liable for charges appearing on the customer’s voice communications service bill that are the result of cramming. A charge for any product or service, other than those provided by the voice communications service company, its affiliates, a third party video provider with whom a voice communications service company or its affiliate jointly market a service, or otherwise permitted by law, shall not be included on a bill of a customer, unless the third party requesting the payment of the charge retains and provides to the board upon request valid proof that:
(1) the customer was provided with clear and conspicuous disclosure of all material terms and conditions of the product or service being offered including, but not limited to, all initial and recurring charges and the fact that the charges shall appear on the customer’s bill;
(2) after receiving clear and conspicuous disclosure, as provided in paragraph (1) of this subsection, the customer explicitly consented to the nature and amount of the charge; and
(3) the third party offering the product or service or an agent of the third party provided the customer with a toll-free telephone number the customer may call and an address to which the customer may write to resolve any billing dispute.
b. Any charge for a third party product or service that is included on a bill by a voice communications service company without the consent of the customer having been obtained, as provided in paragraph (2) of subsection a. of this section, shall be void and unenforceable, and shall be removed from the bill upon notice from the customer.
c. A voice communications service company 1that bills for charges for which customer consent is required pursuant to paragraph (2) of subsection a. of this section1 shall annually provide notice to its customers in this State of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) in a form and manner determined by the board.
3. The board shall, consistent with federal law and pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as may be necessary to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
14. Except as expressly authorized in this act, the provisions of this act shall not be construed to modify the regulatory authority of the board over Voice over Internet Protocol Service or VoIP service as set forth in P.L.2007, c.195 (C.48:17-32 et seq.).1
1[4.] 5.1 This act shall take effect immediately.