TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 5. Telephone Service, 46-5-1 through 46-5-252.

ARTICLE 5 TELECOMMUNICATIONS MARKETING ACT OF 1998

46-5-183. Procedures for confirmation of changes in selection of a primary local exchange or long distance carrier generated by telemarketing.

1. No telecommunications company shall submit to a customer's local exchange company a change order for the customer's primary carrier of local exchange or long distance service which is generated by outbound telemarketing unless and until the order has been confirmed in accordance with one of the following procedures:
   1. The telecommunications company has obtained the customer's written authorization in a form that meets the requirements of Code Section 46-5-184;
   2. The telecommunications company has obtained the customer's electronic authorization, placed from the telephone number or numbers on which the primary carrier of local exchange or long distance service is to be changed, to submit the order that confirms the information described in paragraph (1) of this subsection to confirm the authorization. Telecommunications companies electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the toll-free number or numbers shall connect a customer to a voice response unit, or similar mechanism, that automatically records the originating automatic numbering identification, records the required information regarding the change of the primary carrier of local exchange or long distance service, and records identifying information about the customer;
   3. An appropriately qualified independent third party operating in a location physically separate from the telemarketing representative has obtained the customer's oral authorization to submit the primary local exchange or long distance carrier change order that confirms and states appropriate data verifying the customer's identity; or
   4. Such other verification procedures as may be specified by the commission in rules or regulations which are consistent with rules promulgated by the Federal Communications Commission pursuant to 47 United States Code Section 258.
2. All letters of agency, recordings, or other evidence of change orders shall be maintained by the soliciting telecommunications company for at least one year from the date the customer's service was switched. Failure to maintain such records shall constitute prima-facie evidence that consent from the customer was not obtained.
3. Any telecommunications company's telemarketing or direct mail solicitations or confirmation cards soliciting to change a customer's primary local exchange or long distance carrier shall include the following disclosures:
   1. Identification of the telecommunications company soliciting the change;
   2. That the purpose of the call or confirmation card is to solicit a change of the customer's primary carrier of local exchange or long distance service;
   3. That the customer's local exchange or long distance service may not be changed unless and until the requested change is confirmed in accordance with this Code section and Code Section 46-5-184; and
   4. A description of any charge that may be imposed upon the customer by any party for processing the primary local exchange or long distance carrier change.
4. Customer requests for other services, such as travel, calling card, or prepaid calling card services, do not constitute a change in the local exchange or long distance carrier.
5. The requirements of this Code section do not apply to consumer initiated calls.
6. A request for information by a customer shall not be considered a request for a change of a primary local exchange or long distance carrier.

(Code 1981, §46-5-183, enacted by Ga. L. 1998, p. 919, § 1; Ga. L. 1999, p. 81, § 46.)