Public Laws

123rd Legislature

Second Regular Session



Chapter 638

H.P. 1632 - L.D. 2269

An Act To Strengthen Maine's Consumer Protections against "Slamming"

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 35-A MRSA §2102, sub-§1, ¶A  is enacted to read:

A.  The commission may not grant approval to a telephone utility under this subsection unless the telephone utility submits evidence satisfactory to the commission that the telephone utility has at least $250,000 in fixed assets in this State or the telephone utility purchases and maintains a surety bond satisfactory to the commission in the amount of $250,000 to ensure the telephone utility has the financial ability to meet its obligations under this Title. This paragraph does not apply to a telephone utility authorized to provide telephone service in this State on the effective date of this paragraph.

Sec. 2. 35-A MRSA §7106, sub-§1, ¶A,  as amended by PL 2003, c. 530, §1, is further amended to read:

A. Notwithstanding Title 32, chapter 69, subchapter 5 or Title 32, section 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 expressly authorized by the customer as 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 of the customer obtained by an independent 3rd party.

Sec. 3. 35-A MRSA §7106, sub-§6  is enacted to read:

6.  Customer education.   The Public Advocate shall periodically inform telephone customers in the State of the protections and rights provided by this section.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333