OAR 860-034-0290: Customer Notification and Information Delivery Services for Small Telecommunications Utilities

(1) As used in this rule: (a) "Information provider" means any person, company, or corporation that operates an information delivery service on a pay-per-call basis; (b) "Information delivery service" means any telephone-recorded messages, interactive programs, or other information services that are provided for a charge to a caller through an exclusive telephone number prefix or service access code. When a preexisting written contract exists between the customer and the information provider, this definition does not apply. (2) A small telecommunications utility providing billing services for information providers shall inform customers: (a) Of the availability of blocking for information delivery services if and when it is technically available; (b) That a customer’s local and long distance service shall not be suspended or terminated for nonpayment of information deliver service charges; (c) That any customer who suffers damage from a violation of ORS 646.608, 646.639, and 759.700 through 759.720 by an information provider has a cause of action against such information provider and a court may award the greater of three times the actual damages or $500, order an injunction or restitution and award attorney fees and court costs to a prevailing plaintiff; (d) That when an information provider has failed to comply with any provision of ORS 646.608, 646.639, and 759.700 through 759.720 any obligation by a customer that may have arisen from dialing a pay-per-call telephone number is void and unenforceable; (e) That any obligation that may have arisen from the dialing of a pay-per-call telephone number by an unemancipated child under 18 years of age; or (f) For a person whose physician substantiates the following conditions, the obligation is void and unenforceable: (A) The person has a mental or emotional disorder generally recognized in the medical or psychological community that makes the person incapable of rational judgments and comprehending the consequences of the persons’ action; and (B) The disorder was diagnosed before the obligation was incurred; and (g) Upon written notification to the information provider or the billing agent for the information provider that a bill for information delivery services is void and unenforceable under subsections (2)(d), (2)(e), or (2)(f) of this rule, no further billing or collection activities shall be undertaken in regard to that obligation. (3) The notice shall include text prepared by the Commission’s Consumer Services Division or prepared by the small telecommunications utility and approved by the Commission. The notice shall be provided in the following manner: (a) An annual insert in the billing statements mailed to customers or conspicuous publication of the notice in the consumer information pages of local telephone directories; and (b) Including the notice in the letters setting out the rights and responsibilities of customers sent to all new customers.