BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2244
                                                                  Page  1

          Date of Hearing:   May 7, 2002

                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
                                  Lou Correa, Chair
                    AB 2244 (Wayne) - As Amended:  April 29, 2002
           
          SUBJECT  :   Prepaid calling cards and services.

           SUMMARY  :   Mandates additional disclosure requirements and  
          protections for charges related to prepaid calling cards, and  
          also requires that disclosures be in both English and Spanish.   
          Specifically,  this bill  :  

          1)Expands the scope of charges that must be disclosed on a  
            prepaid calling card or packaging to include: surcharges,  
            taxes, other periodic fees, maintenance fees,  connection  
            fees, payphone surcharges, international surcharges, and  
            surcharges of other specific periods of use.

          2)Requires that all specified charges, rates, minimum charges,  
            definitions, policies, and customer service number be printed  
            in both English and Spanish on the card or packaging, and made  
            available in a prominent area at the point of sale.

          3)Requires that companies provide pay telephone users of prepaid  
            calling cards or services with reasonable time to terminate a  
            call after notification of applicable payphone surcharges  
            without incurring any cost for the call.

          4)Requires that toll-free customer service numbers have  
            sufficient capacity and staffing to accommodate a reasonably  
            anticipated number of calls without incurring a busy signal or  
            undue delay.

          5)Prohibits a company from imposing any fee or surcharge that is  
            not disclosed as required or exceeds the amount disclosed.

          6)Prohibits a company from imposing a charge if the consumer is  
            not connected to the number called.

          7)Makes other clarifying or non-substantive amendments.

           EXISTING LAW  regulates the sale of prepaid calling cards and  
          services.  It requires a company that sells prepaid calling  
          cards and services to make certain disclosures regarding fees  








                                                                  AB 2244
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          and surcharges, and regulates the manner in which these fees are  
          imposed.  It requires a company that sells prepaid calling cards  
          and services to maintain a toll-free customer service number.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Purpose of the bill  .  This bill is intended to provide  
            additional consumer protections for users of prepaid calling  
            cards.  It broadens the list of charges that must be  
            disclosed, provides that disclosures be made in both English  
            and Spanish, and creates four new requirements: customer  
            service phone centers must be adequately staffed, undisclosed  
            fees cannot be charged, consumers cannot be charged for  
            unconnected calls, and payphone callers must be told about  
            surcharges and provided adequate time to end the call without  
            charge.      

           2)How calling cards work  .  Prepaid phone cards (or debit cards)  
            are generally used to make long distance telephone calls.   
            These cards are sold at many stores, markets, post offices,  
            pharmacies, gas stations, vending machines, as well as through  
            mail and the Internet.  Phone cards are prepaid for specific  
            dollar amounts and offer consumers the convenience of making  
            calls without using cash or credit cards.  Calls are made by  
            accessing a toll-free or carrier-specific number and activated  
            by using a Personal Identification Number (PIN) printed on the  
            back of the card.  The cards provide long distance minutes  
            based on rates set by the carrier.  As calls are made, the  
            usable minutes are automatically deducted from the card  
            balance.  Some cards are also "rechargeable" by using a credit  
            card over the phone or through an Internet site.
           
          3)Arguments in support  .  According to the author, "prepaid phone  
            cards with hidden fees and surcharges are being sold to  
            unsuspecting consumers? Consumers should know what product  
            they are getting  prior  to purchase.  AB 2244 addresses this  
            problem by tightening current law to require specific  
            disclosures at the point of sale? [because] these cards are  
            being aggressively marketed in Spanish, the bill also requires  
            that point of sale disclosures be made in Spanish."  

          Some common fees and surcharges that are not adequately  
            disclosed include: service fees applied daily, weekly or  








                                                                  AB 2244
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            monthly; per-call connection fees, some of which are applied  
            even if the call is not successfully connected; and surcharges  
            for using the card through a payphone.

          The author further states that "The California Public Utilities  
            Commission reports that hundreds of complaints related to  
            prepaid phone cards have been filed in the last few years.   
            For a variety of reasons, it is likely that the number of  
            unreported claims in much higher.  AB 2244 is a reasonable  
            step that will protect consumers without creating a negative  
            impact on the prepaid phone card industry, which, for the most  
            part, is providing a helpful service to consumers." 

           4)Arguments in opposition  .  One opponent (MCIWorldCom) argues  
            that the provisions to disclose taxes as well as surcharges  
            for international calls are an undue regulatory burden.   
            Regarding the international surcharge, "this would not be  
            feasible in light of the vast number of countries and  
            different surcharges ($1-$2).  Furthermore, the specific  
            surcharge and rate is available through the customer service  
            number noted on the card."  As for tax disclosure, federal  
            taxes are included in the rates.  However, opponents claim  
            that it would be "impossible to note any state or local taxes,  
            again because the cards are produced for national distribution  
            and because those taxes would be constantly changing."

          A larger complaint raised by both opponents (AT&T and  
            MCIWorldCom) is that disclosure in both English and Spanish  
            would be "unnecessary, impractical, expensive and burdensome."  
             According to AT&T, foreign language services are already  
            provided through their 800 number.  Furthermore, phone cards  
            with disclosures are already produced in a number of different  
            languages, which are then ordered by retailers nationwide  
            depending on local demand for various languages.  "Given the  
            national character of the prepaid calling card business, it  
            would be extremely impractical and cost prohibitive to change  
            to a mandatory bi-lingual card because there is no national  
            demand for such a card, and such a card would not work in  
            every market."
           
          5)The question of disclosure language  .  This bill requires the  
            disclosure of various charges, information and policies in  
            English and Spanish on both the card/packaging and in "a  
            prominent area at the point of sale."  









                                                                  AB 2244
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          The opposition understands this requirement to mean that  all   
            prepaid phone cards must disclose all required information in  
            English and Spanish.  This would mean that a card designed for  
            use by a Cantonese-speaking consumer would need to disclose  
            all rate information in all three languages, whether the  
            consumer could read that information or not.  For phone cards  
            designed for consumers who speak a language other than English  
            or Spanish, this bill would seem to require a great deal of  
            additional disclosure in languages that would be of  
            questionable value to the consumer.
           
             If it is the case, however, that a significant number of  
            primarily Spanish-speaking consumers (or any other language)  
            are forced to purchase cards in English because Spanish  
            language cards are not widely available, then there would  
            appear to be justification for mandating bilingual disclosure  
            in order to enhance consumer protection.

           6)Related legislation  .  AB 1994 (Bowen), Chapter 802, Statutes  
            of 1998, required various cost disclosures for prepaid calling  
            cards, their packaging and/or their displays, while mandating  
            a 24-hour customer service number, a default expiration date,  
            and a refund for non-working cards.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Consumer Action
          Consumers Union
          Office of Ratepayer Advocates, California Public Utilities  
          Commission
          Office of the Attorney General
          United Farm Workers

           Opposition 
           
          AT&T
          MCIWorldCom
           
          Analysis Prepared by  :    Hank Dempsey / B. & P. / (916) 319-3301