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119-s-4557119th CongressWALLET

Outage Refund Protection Act

Sponsored By: Senator Luján, Ben Ray [D-NM]

Introduced

Summary

Automatic refunds for outages by major broadband, cable, satellite, and phone providers. This bill would require providers with more than 5,000 customers to issue automatic credits when service is unavailable for 4 hours or more and would set federal rules for refunds, customer service, accessibility, and outage reporting.

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  • Households and families would get automatic credits equal to 1/30 of the monthly rate for each day service is down 4 hours or more. If a customer cancels service, credits that exceed the bill must be paid within 30 days by check, a no-fee prepaid debit card, or electronic transfer at the customer's election.
  • People with disabilities and customers who cannot easily return equipment would gain protections. The Federal Communications Commission would be directed to require accessibility measures and to preserve call recordings for at least 1 year, and the Federal Trade Commission would set standards for missed appointments and alternative no-cost return options.
  • Providers with more than 5,000 customers would face a uniform refund and reporting regime. The bill would require outage reporting to the Disaster Information Reporting System, allow the FCC to issue enforcement rules within 18 months, and preserve state authority to adopt stricter requirements.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

New FCC customer service rules

If enacted, the FCC would have 18 months to write rules to carry out the outage credit rules and to extend cable customer service requirements to satellite, voice, and broadband providers. The rules would require customer service to be accessible for people with disabilities, require providers to keep call recordings for at least one year and give them to customers on request, and ban fees to get a callback when a representative is available. The FCC could set penalties for noncompliance. The bill would not stop States from keeping or adopting stricter intrastate rules.

Rules on returns and appointments

If enacted, the Federal Trade Commission would have 18 months to make rules about missed service appointments and the burden of returning equipment. The FTC would assess whether returns are too hard for people with disabilities or those who do not drive and could require free alternative return methods if the burden is high. The FTC would be able to seek injunctions to enforce these rules.

Broadband outage reporting in disasters

If enacted, broadband providers would have to report outages to the FCC as soon as possible after the Disaster Information Reporting System (DIRS) is activated for an area. Providers would also have to include broadband outage details in each public DIRS report. The requirement would start when DIRS is activated for an affected area.

Automatic outage refunds and coverage

If enacted, covered cable, satellite, internet, and phone companies with more than 5,000 customers would have to give automatic credits when your service is out for 4 hours or more. The credit would equal 1/30 of the monthly rate for each full day the service is down. For phone service the credit would apply per affected line. If you end service and the credit is bigger than your final bill, the company would have to send the extra within 30 days by check, a no-fee prepaid card, or electronic transfer at your choice. Providers would not have to give a refund if the refund costs more to send than it is worth, and the rules would not apply to planned maintenance you were told about in advance.

Sponsors & CoSponsors

Sponsor

Luján, Ben Ray [D-NM]

NM • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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