Title 15, Commerce and TradeRelease 119-110

§5721 Regulations

Title 15 › CHAPTER 83 — TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION › SUBCHAPTER II — BILLING AND COLLECTION › § 5721

Last updated Sep 22, 2026|Official source

Summary

The Commission must create rules for fixing billing mistakes on purchases charged to a phone bill. The rules must also block unfair or deceptive actions that try to get around those protections. The rules should be largely like the rules for credit disputes under the Truth in Lending and Fair Credit Billing Acts, and they will be treated like other consumer-protection rules. The Commission had to issue these rules within 270 days after October 28, 1992, following the rulemaking process in section 553 of title 5. Breaking these rules counts as an unfair or deceptive act under section 45, and phone companies are subject to the Commission for these matters. When writing the rules, the Commission must consider things such as how customers start reviews, how billing companies and phone companies respond, delivery investigations, limits on carrier responsibilities (for example verifying audio delivery), setting aside charges, limits on collections, credit report handling, quick account credits, customer and carrier rights, and where rules may differ from the Truth in Lending rules to protect customers and be cost effective.

Full Legal Text

Title 15, §5721

Commerce and Trade, Source: USLM XML via OLRC

(a)In general
(1)Rules required
The Commission shall, in accordance with the requirements of this section, prescribe rules establishing procedures for the correction of billing errors with respect to telephone-billed purchases. The rules prescribed by the Commission shall also include provisions to prohibit unfair or deceptive acts or practices that evade such rules or undermine the rights provided to customers under this subchapter.
(2)Substantial similarity to credit billing
The Commission shall promulgate rules under this section that impose requirements that are substantially similar to the requirements imposed, with respect to the resolution of credit disputes, under the Truth in Lending and Fair Credit Billing Acts [15 U.S.C. 1601 et seq., 1666 et seq.].
(3)Treatment of rule
A rule issued under paragraph (1) shall be treated as a rule issued under section 57a(a)(1)(B) of this title.
(b)Rulemaking schedule and procedure
The Commission shall prescribe the rules under subsection (a) within 270 days after October 28, 1992. Such rules shall be prescribed in accordance with section 553 of title 5.
(c)Enforcement
Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule under section 45 of this title regarding unfair or deceptive acts or practices. Notwithstanding section 45(a)(2) of this title, communications common carriers shall be subject to the jurisdiction of the Commission for purposes of this subchapter.
(d)Correction of billing errors and correction of credit reports
In prescribing rules under this section, the Commission shall consider, with respect to telephone-billed purchases, the following:
(1)The initiation of a billing review by a customer.
(2)Responses by billing entities and providing carriers to the initiation of a billing review.
(3)Investigations concerning delivery of telephone-billed purchases.
(4)Limitations upon providing carrier responsibilities, including limitations on a carrier’s responsibility to verify delivery of audio information or entertainment.
(5)Requirements on actions by billing entities to set aside charges from a customer’s billing statement.
(6)Limitations on collection actions by billing entities and vendors.
(7)The regulation of credit reports on billing disputes.
(8)The prompt notification of credit to an account.
(9)Rights of customers and telephone common carriers regarding claims and defenses.
(10)The extent to which the regulations should diverge from requirements under the Truth in Lending and Fair Credit Billing Acts [15 U.S.C. 1601 et seq., 1666 et seq.] in order to protect customers, and in order to be cost effective to billing entities.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Truth in Lending Act, referred to in subsecs. (a)(2) and (d)(10), is title I of Pub. L. 90–321, May 29, 1968, 82 Stat. 146, which is classified generally to subchapter I (§ 1601 et seq.) of chapter 41 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of this title and Tables. The Fair Credit Billing Act, referred to in subsecs. (a)(2) and (d)(10), is title III of Pub. L. 93–495, Oct. 28, 1974, 88 Stat. 1511, which is classified principally to part D (§ 1666 et seq.) of subchapter I of chapter 41 of this title. For complete classification of this Act to the Code, see

Short Title

of 1974 Amendment note set out under section 1601 of this title and Tables.

Reference

Citations & Metadata

Citation

15 U.S.C. § 5721

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110