CHAPTER 530
H.P. 1273 - L.D. 1751
An Act To Create Consistency between State and Federal Telephone Consumer Protection Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §7106, sub-§1, ¶A, as amended by PL 2001, c. 71, §2, is further amended to read:
A. Notwithstanding Title 32, chapter 69, subchapter V 5 or Title 32, section 4690-A, subsection 4 14716, and except as otherwise provided by the commission by rule adopted pursuant to subsection 3, a local or intrastate interexchange carrier may not initiate the change of a customer's local or intrastate carrier unless the change is verified by one of the following methods:
(1) Written or electronically signed authorization from the customer;
(2) Toll-free electronic authorization placed from the telephone number that is the subject of the change order; or
(3) Oral authorization obtained by an independent 3rd party.
Sec. 2. 35-A MRSA §7106, sub-§1, ¶B, as enacted by PL 1997, c. 702, §1, is amended to read:
B. When a customer's service is changed to a new local or intrastate interexchange carrier, the new local or intrastate interexchange carrier shall maintain for 12 24 months a record of nonpublic customer-specific information that establishes that the customer authorized the change.
Sec. 3. 35-A MRSA §7106, sub-§1, ¶C, as enacted by PL 1997, c. 702, §1, is repealed.
Sec. 4. 35-A MRSA §7106, sub-§3, ¶A, as enacted by PL 1997, c. 702, §1, is amended to read:
A. Except as otherwise provided in this subsection, rules adopted by the commission under this subsection, including rules regarding customer verification of a change of carrier, must be consistent with the rules adopted by the Federal Communications Commission governing the initiation of a change of a customer's interstate carrier, except that the commission's rules on customer verification need not conform to the customer verification method involving a customer information package as defined in 47 Code of Federal Regulations, Section 64.1100(d).
Effective July 30, 2004, unless otherwise indicated.
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