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 Page 2 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 Page 3 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 Page 4 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