BILL ANALYSIS ---------------------------------------------------------- |Hearing Date:June 10, 2002 |Bill No:AB | | |2244 | ---------------------------------------------------------- SENATE COMMITTEE ON BUSINESS AND PROFESSIONS Senator Liz Figueroa, Chair Bill No: AB 2244Author:Wayne As Amended:May 13, 2002 Fiscal: No SUBJECT: Prepaid calling cards and services. SUMMARY: Expands the disclosure of prepaid calling card fees or charges, adds restrictions on how fees or charges are imposed and how a prepaid calling card company operates it's required customer service telephone number, and requires that mandated disclosures be made in any language that is used on the prepaid card, its packaging, advertising or promotion. Existing law: 1)Regulates the sale of prepaid telecommunications (telephone) calling cards and services, as defined. 2)Requires prepaid calling card price advertisements to disclose any applicable geographical limitations and any additional surcharges or fees. 3)Requires the name of the calling card company, a toll-free customer service number, a toll-free network access number and any authorization code - if required to access service - and the expiration date or policy, if applicable, to be printed legibly on a prepaid calling card. 4)Requires a company that provides or issues prepaid calling cards and services to disclose on the card or packaging, and requires a vendor who sells the card to disclose in a prominent area at the point of sale, the following information : (a) any surcharges or fees including monthly fees, (b) per-call access fees, (c) Page 2 surcharges for the first minute of use applicable to calls within the United States, (d) whether there are additional or different rates or unit values applicable to international calls, (e) the definition of "unit" if applicable, (f) the minimum charge per call, (g) the charge for calls that do not connect, if any, (h) the billing decrement, (i) the calling card company name, (j) the recharge, refund, and expiration policies, if any, and (k) the 24-hour customer service toll-free telephone number. 5)Requires a company that provides or issues a prepaid card or services to maintain a 24-hour, seven day a week, toll-free customer service number with a live operator to answer incoming calls, and through which customers may lodge complaints and obtain information regarding: rates, surcharges, and fees; recharge, refund, and expiration policies; and the balance of use in the customer's account, if applicable. This bill: 1)Expands the list of specified fees and charges that must be disclosed to include: surcharges, taxes, periodic fees in addition to monthly fees, maintenance fees, connection fees, pay telephone surcharges, the actual international call surcharges, and the surcharges for periods of use in addition to the first minute for calls within the United States. 2)Requires that the above fees or charges, together with the other information that is already required to be disclosed by current law in a prominent area at the point of sale by a vendor, also be disclosed "clearly and conspicuously" and "immediately proximate" to the point of sale. 3)Requires that if a language other than English is used on the card or packaging to provide dialing instructions or to contact customer service, then the required disclosure of fees and other information must also be provided in that language in the required point of sale disclosure. 4)Requires that if a language other than English is used in card advertising or promotions, or on the card or packaging itself, other than for dialing instructions, Page 3 then the required disclosure of fees and other information must also be made in that language on the card or packaging and in the required point of sale disclosure. 5)Requires that the company's toll-free customer service number have sufficient capacity and staffing to accommodate a reasonably anticipated number of calls without incurring a busy signal or undue wait. 6)Requires that a company provide pay telephone users of prepaid calling cards or services with a reasonable time to terminate a call after being given notification of any applicable pay phone surcharges without incurring any charge for the call. 7)Prohibits a company from imposing a fee or surcharge that is not disclosed as required or that exceeds the amount disclosed by the company. 8)Prohibits a company from imposing any charge if the consumer is not connected to the number called. 9)Makes other clarifying or technical changes to the law. FISCAL EFFECT: Legislative Counsel has determined that this is a non-fiscal bill. COMMENTS: 1.Purpose. This bill is sponsored by the author to strengthen and increase the disclosures consumers receive regarding the purchase and use of prepaid calling cards. The bill is also intended to provide the disclosures to consumers in a language they can understand and which is used by the calling card company to give the dialing/use instructions and in its advertising to consumers to induce them to buy the cards. The bill broadens the list of disclosable charges so that consumers will have a more accurate idea of the actual cost. The bill requires adequate staffing of customer service numbers, provides that undisclosed fees cannot be charged, prohibits charges for unconnected calls, and provides payphone Page 4 users with sufficient time to disconnect and avoid charges once they are told what the charges will be. 2.Background - 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 the 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, which is either recorded on the card itself or on a central computer through which the long distance calls are routed. Some cards are also "rechargeable" by using a credit card over the phone or through an Internet website. 3.Arguments in Support. According to the author, prepaid calling cards with hidden fees and surcharges are being sold to unsuspecting consumers. The author and proponents argue that consumers should be able to know what product they are getting prior to its purchase - so that they can know the actual costs of the card and can comparison shop for prepaid phone services. The author also states that the California Public Utilities Commission reports that hundreds of complaints related to prepaid phone cards have been filed with them over the last few years. The author states that the bill addresses the problem of hidden charges by tightening and broadening current law to require that information regarding additional types of surcharges and fees are disclosed both on the card and at the point of sale. Further, the bill will make these disclosures more understandable by requiring them to be made in the same language that is used to market them and on instructions for how to use them. Currently, the author and proponents argue that some common fees associated with these cards are not adequately disclosed. These include service fees that are applied daily, weekly or monthly and can range from 3 cents to 50 Page 5 cents per day, 12 cents to $1 weekly, or 50 cents to $2 monthly. Also there are per-call connection fees ranging from 25 cents to $2.50, sometimes when a call is not even connected, and also payphone surcharges for making a payphone call using the prepaid calling card. The bill will require disclosure of the existence of, and particularly the amount of these fees, which the consumer may not have known will use up a card's useable calling minutes faster than anticipated. The author and proponents also argue that the bill's disclosures should help to prevent surprising fees that detract from the value of the prepaid calling card services that are purchased. Further, the author and proponents believe the bill will require prepaid calling card companies to fully honor the spirit of the existing law requirements to maintain a customer service phone line by requiring it to be adequately staffed and have sufficient call capacity to respond to the number of anticipated consumer calls. Finally, the author indicates that he is continuing to work with the Attorney General and calling card company representatives on refining some of the bill's requirements. NOTE: Double-referral to the Senate Energy, Utilities and Communications Committee SUPPORT AND OPPOSITION: Support:California Attorney General; Office of Ratepayer Advocates (ORA) of the California Public Utilities Commission United Farmworkers of America, AFL-CIO Consumer Action Consumers Union Service Employees International Union, AFL-CIO, CLC Older Women's League of California Opposition:None reported to the Committee as of June 6, 2002. Consultant:Jay J. DeFuria