H.R.3993 - Calling Card Consumer Protection Act111th Congress (2009-2010)
Summary: H.R.3993 — 111th Congress (2009-2010)
Passed House amended (06/23/2010)
Calling Card Consumer Protection Act - (Sec. 3) Requires providers or distributors of prepaid calling cards, including cards that use interconnected Voice over Internet Protocol (VoIP) or a successor protocol, to accurately disclose in a clear and conspicuous manner information about: (1) the provider's name, customer service number, and hours of service; (2) the card's number of minutes or dollar value; (3) per minute rates or a toll-free number to obtain rates; (4) fees and charges; (5) time period limits, any predetermined decrease in value over a period of time, and expiration dates; and (6) refund and recharge policies.
Prohibits false, misleading, or deceptive disclosures on any calling card, packaging, advertisement, or related promotional material.
Requires disclosures to be clear and conspicuous and located on the prepaid calling card unless the Federal Trade Commission (FTC) determines otherwise.
(Sec. 4) Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act and requires the FTC to enforce this Act.
(Sec. 5) Authorizes a state to enforce the provisions of this Act through a civil action to: (1) enjoin a practice; (2) enforce compliance; (3) obtain damage, restitution, or other compensation; or (4) obtain other appropriate relief.
Requires a state before bringing such an action to provide the FTC with written notice and a copy of the complaint (unless the provision of notice is not feasible). Authorizes the FTC to intervene in any such action, which shall include the right to: (1) be heard with respect to any matter that arises in the action; (2) remove the action to U.S. district court; and (3) petition for appeal.
(Sec. 6) Applies the provisions of this Act, beginning 180 days after the date on which final regulations are promulgated, to: (1) any prepaid calling card issued or placed into the stream of commerce; and (2) any related advertising, promotion, point-of-sale material, or voice prompt.
(Sec. 7) Prohibits a state, after the date on which final regulations are promulgated, from establishing or continuing any law regarding disclosures to be printed on prepaid calling cards or packaging unless such requirements are identical to the requirements under this Act.
(Sec. 8) Requires studies and reports to Congress by: (1) the Comptroller General on the effectiveness of this Act and its required disclosures; and (2) the FTC on the extent to which the business practices of the prepaid calling card industry exist in the prepaid wireless industry.