71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2821
 
LC 2548/HB 2821-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2821
 
            By COMMITTEE ON SMART GROWTH AND COMMERCE
 
                             March 5
 
  On page 1 of the printed bill, line 2, delete '; creating new
provisions; and amending ORS 646.608'.
  Delete lines 4 through 29 and delete pages 2 through 4 and
insert:
  '  { +  SECTION 1. + }  { + Sections 2 to 4 of this 2001 Act
are added to and made a part of ORS chapter 759. + }
  '  { +  SECTION 2. + }  { + (1) It is unlawful for a person to
change a subscriber's telecommunications services provider unless
the person clearly and conspicuously discloses to the subscriber
the name of the new provider, discloses the effect of the change
on the cost of service to the subscriber and obtains an
unambiguous and verified order from the subscriber requesting the
change in providers. The order from the subscriber must be
separate from any other order for other unrelated products or
services made by the subscriber.
  ' (2) It is unlawful for a person to combine an offer to
provide local or long distance telecommunications services with
an offer to participate in a sweepstakes or in any promotion
involving the award of a prize that is based on chance or the
outcome of a contest.
  ' (3) If a person changes a subscriber's telecommunications
services provider in violation of this section, the subscriber is
not obligated to pay for charges imposed by the new provider
during the first 30 days after the change occurs, or to pay any
service charge or other fee for the change in the subscriber's
provider.
  ' (4) An order for a change in a subscriber's
telecommunications services provider may be verified for the
purposes of subsection (1) of this section in any manner
permitted by federal law in effect on the effective date of this
2001 Act.
  ' (5) A telecommunications services provider shall provide to
any subscriber and to any federal or state agency investigating
or inquiring about any allegation of violation of this section a
copy of proof of verification of a subscriber's order within 30
days after demand is made for the verification. The failure of a
provider to provide verification in the manner required by this
section creates a presumption as described in ORS 40.120 that a
valid verification does not exist. + }
  '  { +  SECTION 3. + }  { + Section 2 of this 2001 Act does not
apply to:
  ' (1) A person that provides only the physical facilities over
which a subscriber's telecommunications are carried.
  ' (2) A person that is providing wireless communications
service, including but not limited to radio communications
service, radio paging service, commercial mobile radio service,
personal communications service or cellular communications
service.
 
 
  ' (3) Any conduct by a person that is required or authorized by
the orders or rules of a federal, state or local governmental
agency. + }
  '  { +  SECTION 4. + }  { + (1) The Attorney General, or any
person who suffers any loss of money or property by reason of
willful violation of section 2 of this 2001 Act, may bring an
action in circuit court to recover actual damages or $200,
whichever is greater. The court may provide such equitable relief
as the court deems necessary and proper.
  ' (2) A violation is willful for the purposes of subsection (1)
of this section if a person knows or should know that the conduct
of the person constitutes a violation of section 2 of this 2001
Act.
  ' (3) In any action under this section brought by the Attorney
General, the court may, in addition to any other relief granted,
impose a civil penalty of:
  ' (a) $2,000 for each of the first 10 violations within a
two-year period;
  ' (b) $5,000 for each of the 11th through 20th violations
within a two-year period;
  ' (c) $10,000 for each of the 21st through 30th violations
within a two-year period; and
  ' (d) $25,000 for every violation after the 30th violation
within a two-year period.
  ' (4) The court may award reasonable attorney fees to a
plaintiff who prevails in an action under this section.
  ' (5) The remedies provided by this section are in addition to
any other civil, criminal or administrative remedy that may be
available under any other provision of law.
  ' (6) An action under this section shall be brought within two
years of the date the violation is discovered or should have been
discovered by a reasonable person. + }
  '  { +  SECTION 5. + }  { + Sections 2 to 4 of this 2001 Act
apply only to conduct that occurs on or after the effective date
of this 2001 Act. + } ' .
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