A. An information provider that does business in this state shall not direct information delivery services to children under the age of twelve (12) years unless the information provider complies with the following provisions:
1. Interactive calls where children under the age of twelve (12) years can speak to other children under the age of twelve (12) years are prohibited;
2. Programs directed to children under the age of twelve (12) where the children are asked to provide their names, addresses, telephone numbers, or other identifying information are prohibited;
3. Advertisements for information delivery services that are directed to children under the age of twelve (12) years must contain a visual disclosure, in the case of print and broadcast advertising, and audibly in the case of broadcast advertising, that clearly and conspicuously states that children under the age of twelve (12) years must obtain parental consent before placing a call to the advertised number;
4. Program messages that encourage children under the age of twelve (12) years to make increased numbers of calls in order to obtain progressively more valuable prizes, awards, or similarly denominated items are prohibited;
5. Advertisements for information delivery services that are directed to children under the age of twelve (12) years must contain, in age-appropriate language, an accurate description of the services being provided. In the case of print advertising, the information must be clear and conspicuous and in the case of broadcast advertising, it must be clearly and conspicuously visually displayed and verbally disclosed in an audible, clear, articulated manner; and
6. Program messages that are directed to children under the age of twelve (12) years that employ broadcast advertising where an electronic tone signal is emitted during the broadcast of the advertisement that automatically dials the program message are prohibited.
B. Every local exchange company or interexchange carrier providing billing and collection services for pay-per-call services doing business in this state shall remove pay-per-call service charges from the subscriber's bill upon complaint of the subscriber that the caller to the pay-per-call service was under the age of twelve (12) years and the information provider failed to comply with the provisions of Section 3 of this act.
Added by Laws 1992, c. 180, § 3, eff. Sept. 1, 1992.