71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2548
 
                           A-Engrossed
 
                         House Bill 2821
                  Ordered by the House March 5
            Including House Amendments dated March 5
 
Sponsored by Representative KING; Representatives ACKERMAN,
  BACKLUND, BARNHART, BATES, DOYLE, HILL, KRIEGER, KROPF, LOWE,
  MARCH, MONNES ANDERSON, TOMEI, C WALKER, WITT, Senators
  ATKINSON, METSGER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Prohibits change in telecommunications provider without
unambiguous and verified   { - written - }  order from customer
requesting change. Provides that customer is not obligated to pay
for local or long distance telecommunications service during
first 30 days after unlawful change in provider. Prohibits
certain other practices relating to provision of
telecommunications service.
  { - Provides that violations of prohibitions are subject to
action under Unlawful Trade Practices Act. - }  { +  Provides
remedies, including civil penalties. + }
 
                        A BILL FOR AN ACT
Relating to telecommunications service.
Be It Enacted by the People of the State of Oregon:
  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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