BILL ANALYSIS                                                                                                                                                                                                    







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          |Hearing Date:June 10, 2002     |Bill No:AB                |
          |                               |2244                      |
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                    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)  





                                                                            
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            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,   





                                                                            
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            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  





                                                                            
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            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  





                                                                            
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            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