(1) No provider of telecommunications service shall request the transfer of a customer's account, wholly or in part, to another provider of the same or a similar telecommunications service unless one or more of the following conditions has been met:
The provider to whom the customer's account is to be transferred has obtained fromthe customer a document, signed by the customer, that contains a clear, conspicuous, and unequivocal request by the customer for a change of provider; or
The provider to whom the customer's account is to be transferred has obtained thecustomer's oral authorization for the transfer and can furnish proof of such authorization through verification by an independent third party, electronic records, or any other manner prescribed by the commission by rule.
(2) (a) If the customer is not an individual, a document, authorization, or request referenced in subsection (1) of this section shall be valid only if given by an authorized representative of the customer, who shall provide proof of such authority.
(b) A document shall not be valid under paragraph (a) of subsection (1) of this section if it is presented to the customer for signature in connection with a sweepstakes or other game of chance.
(3) A telecommunications provider who initiates an unauthorized change in a customer's telecommunications provider in violation of this section is liable:
To the customer, the customer's previously selected provider, or both, as determinedby the commission, for all intrastate long distance charges, interstate long distance charges, local exchange service charges, provider switching fees, the value of any premiums to which the customer would have been entitled, and other relevant charges incurred by the customer during the period of the unauthorized change; and
To the customer's local exchange provider for the change fees for the unauthorizedchange and reinstating the customer to the original provider.
Source: L. 98: Entire section added, p. 843, § 1, effective May 26.