Section 92-F. Prepaid telephone calling card consumer protections

1.
  Definitions. For the purposes of this section,  unless  the  context  or
  subject  matter  otherwise  requires, the following terms shall have the
  following meanings:
    a. "Company" means any entity providing prepaid  calling  services  to
  the public using its own or a resold telecommunications network;
    b.   "Prepaid  calling  services"  or  "services"  means  any  prepaid
  telecommunications service that  allows  consumers  to  originate  calls
  through  an  access  number  and authorization code, whether manually or
  electronically dialed;
    c. "Prepaid calling card" or "card" means any object purchased  for  a
  sum  certain  that contains an access number and authorization code that
  enables a consumer to use prepaid calling services. It does not  include
  any object of that type used for promotional purposes;
    d.  "Cellular  telephone  services"  means commercial mobile telephone
  services.
    2. Disclosure requirements. Any company that provides prepaid  calling
  services  through  prepaid  calling  cards  shall  be  required to print
  legibly on each card the following information:
    a. name of the company;
    b. toll-free customer service number;
    c. toll-free network access number, if  such  number  is  required  to
  access service;
    d. authorization code, if such code is required to access service;
    e. any expiration date or expiration policy; and
    f. instructions for use of the card.
    3.  Any company that provides prepaid calling services through prepaid
  calling cards  shall  print  legibly  on  each  card  or  packaging  the
  following information:
    a.  any  surcharges  or  fees,  including monthly fees per-call access
  fees, or surcharges for the first minute of use that may  be  applicable
  to  the  use  of  the  prepaid  calling card or prepaid calling services
  within the United States;
    b.  any  additional  or  different  prices,  rates,  or  unit   values
  applicable to international usage of the prepaid calling card or prepaid
  calling services;
    c. any minimum charge per call, such as a three minute minimum charge;
    d. any charge for calls that do not connect; and,
    e. any recharge policy.
    4. Customer service requirements. a. Any company that provides prepaid
  calling  services  shall  establish  and  maintain  a toll-free customer
  service telephone number with a live operator to answer  incoming  calls
  twenty-four  hours  a  day,  seven  days  a  week  to  receive  customer
  complaints and to provide information, including, but  not  limited  to,
  the following:
    i. description of rates, surcharges and fees;
    ii.  description  of  the  company's  recharge, refund, and expiration
  policies;
    iii. if applicable, the amount of value remaining  on  the  consumer's
  account; and
    iv. terms and conditions of service and monthly service charges.
    b.  Any  company offering prepaid cellular telephone services shall be
  deemed to be in compliance with the requirements  of  this  section  if,
  when a request for information is made outside of normal business hours,
  that  company  provides  the  information requested on the next business
  day.
    5. Return and refund  policies.  Any  company  that  provides  prepaid
  calling  services  shall  provide a refund to any purchaser of a prepaid

  calling card or service if the network services associated with the card
  or service fail to operate in  a  commercially  reasonable  manner.  The
  refund  required by this section shall be in an amount not less than the
  value  remaining  on  the  card  in  the  form  of a replacement card or
  additional time on the card and shall be provided to the consumer within
  sixty days from the date of receipt of notification  from  the  consumer
  that the card has failed to operate in a commercially reasonable manner.
    6.  Cards  without a specific expiration date or policy printed on the
  card and with a balance of service remaining shall be considered  active
  for  a  minimum  of one year from the date of purchase, or if recharged,
  from the date of the last recharge.
    7. In the case of prepaid calling cards or services utilized at a  pay
  phone,  the  company  may  provide  a  voice  prompt notification of any
  applicable  pay  phone  surcharges,  in  lieu  of  providing  notice  of
  surcharges as required by subdivision three of this section.
    8.  Enforcement.  The commission shall have the power, consistent with
  federal law, to assess a penalty not  to  exceed  one  thousand  dollars
  against any company that provides prepaid calling cards or services that
  knowingly fails or neglects to comply with any provision of this section
  or  any  regulation or order of the commission implementing or enforcing
  the  provisions  of  this  section.  All  moneys  recovered   from   any
  administrative  penalty  shall  be  paid  into the state treasury to the
  credit of the general fund.