Title 15Commerce and TradeRelease 119-73not60

§5721 Regulations

Title 15 › Chapter 83— TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION › Subchapter II— BILLING AND COLLECTION › § 5721

Last updated Apr 3, 2026|Official source

Summary

The Commission must make rules to correct billing mistakes for purchases put on a phone bill. The rules must stop unfair or deceptive acts that try to get around customer rights. They must be largely like the rules for credit billing disputes under the Truth in Lending and Fair Credit Billing Acts. Any rule made here counts as a rule under section 57a(a)(1)(B). The Commission had to issue these rules within 270 days after October 28, 1992, using the rule‑making steps in section 553 of title 5. Breaking these rules counts as a violation of section 45 about unfair or deceptive acts. For this part, phone carriers are covered by the Commission’s authority. When making the rules, the Commission must consider things like how customers start reviews, how billing companies and carriers respond, how delivery is investigated, limits on carrier duties (for example, about proving delivery of audio or entertainment), when charges must be set aside, limits on collections, how disputes affect credit reports, quick crediting of accounts, rights on claims and defenses, and whether the rules should differ from Truth in Lending rules to protect customers and keep costs reasonable.

Full Legal Text

Title 15, §5721

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)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)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)A rule issued under paragraph (1) shall be treated as a rule issued under section 57a(a)(1)(B) of this title.
(b)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)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)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 15Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60