§5701 — Title 15 Commerce and Trade | U.S. Code

Summary

Names the law the Telephone Disclosure and Dispute Resolution Act and explains why the federal government must set rules for pay‑per‑call telephone services. Pay‑per‑call use has grown into a national, billion‑dollar business, often using 900 numbers. These services can help consumers and sellers, but they cross state lines, so only the federal government can make consistent rules. Congress found that no national rules have caused confusion and let some companies act unfairly or mislead callers. Because callers often owe money as soon as a call ends, ads must be accurate about price per call, how long a call lasts, the odds for games or sweepstakes, and when callers under 18 need parental permission. Consumers and vendors need clear rights and ways to fix billing disputes, especially for sales of more than nominal value.

Title 15, §5701

Commerce and Trade — Source: USLM XML via OLRC

(a)This chapter may be cited as the “Telephone Disclosure and Dispute Resolution Act”.

(b)The Congress finds the following:

(1)The use of pay-per-call services, most commonly through the use of 900 telephone numbers, has grown exponentially in the past few years into a national, billion-dollar industry as a result of recent technological innovations. Such services are convenient to consumers, cost-effective to vendors, and profitable to communications common carriers.

(2)Many pay-per-call businesses provide valuable information, increase consumer choices, and stimulate innovative and responsive services that benefit the public.

(3)The interstate nature of the pay-per-call industry means that its activities are beyond the reach of individual States and therefore requires Federal regulatory treatment to protect the public interest.

(4)The lack of nationally uniform regulatory guidelines has led to confusion for callers, subscribers, industry participants, and regulatory agencies as to the rights of callers and the oversight responsibilities of regulatory authorities, and has allowed some pay-per-call businesses to engage in practices that abuse the rights of consumers.

(5)Some interstate pay-per-call businesses have engaged in practices which are misleading to the consumer, harmful to the public interest, or contrary to accepted standards of business practices and thus cause harm to the many reputable businesses that are serving the public.

(6)Because the consumer most often incurs a financial obligation as soon as a pay-per-call transaction is completed, the accuracy and descriptiveness of vendor advertisements become crucial in avoiding consumer abuse. The obligation for accuracy should include price-per-call and duration-of-call information, odds disclosure for lotteries, games, and sweepstakes, and obligations for obtaining parental consent from callers under 18.

(7)The continued growth of the legitimate pay-per-call industry is dependent upon consumer confidence that unfair and deceptive behavior will be effectively curtailed and that consumers will have adequate rights of redress.

(8)Vendors of telephone-billed goods and services must also feel confident in their rights and obligations for resolving billing disputes if they are to use this new marketplace for the sale of products of more than nominal value.

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Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 102–556, Oct. 28, 1992, 106 Stat. 4181, which enacted this chapter and section 228 of Title 47, Telecommunications, amended section 227 and 302a of Title 47, enacted provisions set out as a note under section 302a of Title 47, and amended provisions set out as a note under section 227 of Title 47. For complete classification of this Act to the Code, see Tables.

§5701 Short Title; Findings

Summary

Title 15, §5701

Notes & Related Subsidiaries

Editorial Notes

References in Text

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