Client Alert
FCC Modifies Slamming Rules: Adopts Additional Third Party Verification Requirements
January 10, 2008
On January 9, 2008, the Federal Communications Commission (“Commission”) released its Fourth Report and Order regarding the policies and rules concerning unauthorized changes of consumers’ carriers, otherwise known as “slamming.” This Order creates additional requirements with respect to third party verification processes.
The Commission's rules require carriers to verify the customer's choice to switch carriers for telecommunications services. The carrier may use one of several methods to verify that the change is properly made, including independent third party verifications. Currently, the Commission's rules contain the following six minimum requirements for third party verification calls:
(1) the identity of the subscriber;
(2) confirmation that the person on the call is authorized to make the carrier change;
(3) confirmation that the person on the call wants to make the change;
(4) the names of the carriers affected by the change;
(5) the telephone number(s) to be switched; and
(6) the types of service involved.
The January 9th Order expands these requirements to ensure that each verification includes:
- verbal confirmation of the date of verification with the consumer (9)
- a direct statement that the carrier change will be effectuated once the verification is complete, even if the customer has a question during or after the verification process (15);
- a confirmation that the consumer understands that he/she is making a customer change and not simply upgrading service (18); and
- obtaining an understanding that long distance service includes both international and long distance service (24).
These rules apply exclusively to third party verifications and that parties remain free to use the other verification methods listed in the Commission’s rules. The Commission also declined to adopt several additional regulatory requirements that were proposed in prior rulemakings in this docket.
If you have any questions or need additional information, please contact Jennifer Kashatus or one of our Telecommunications, Cable & Broadcast attorneys.
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