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Title 15, Commerce and TradeRelease 119-110

§5722 Relation to State Laws

Title 15 › CHAPTER 83 — TELEPHONE DISCLOSURE AND DISPUTE RESOLUTION › SUBCHAPTER II — BILLING AND COLLECTION › § 5722

Last updated Sep 23, 2026|Official source

Summary

State rules about telephone billing still apply unless they clash with this federal law. The federal agency (the Commission) decides if a conflict exists. If a state rule gives consumers more protection than the federal rule, the Commission cannot say it conflicts. The Commission must also make rules to leave out whole categories of phone-billed purchases in a state when that state’s laws for those transactions are basically the same or stronger than the federal rules and can be enforced.

Full Legal Text

Title 15, §5722

Commerce and Trade, Source: USLM XML via OLRC

(a)State law applicable unless inconsistent
This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with, the laws of any State with respect to telephone billing practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. The Commission is authorized to determine whether such inconsistencies exist. The Commission may not determine that any State law is inconsistent with any provision of this subchapter if the Commission determines that such law gives greater protection to the consumer.
(b)Regulatory exemptions
The Commission shall by regulation exempt from the requirements of this subchapter any class of telephone-billed purchase transactions within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this subchapter 1 or that such law gives greater protection to the consumer, and that there is adequate provision for enforcement.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to the last time in subsecs. (a) and (b), was in the original “this chapter” and was translated as reading “this title” meaning title III of Pub. L. 102–556, to reflect the probable intent of Congress because Pub. L. 102–556 does not contain chapters.

Reference

Citations & Metadata

Citation

15 U.S.C. § 5722

Title 15, Commerce and Trade

Last Updated

Sep 23, 2026

Release point: 119-110