BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2244| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2244 Author: Wayne (D), et al Amended: 6/29/02 in Senate Vote: 21 SENATE BUSINESS & PROFESSIONS COMMITTEE : 7-0, 6/10/02 AYES: Figueroa, Johannessen, Machado, Morrow, Murray, O'Connell, Polanco SENATE ENERGY, U.&C. COMMITTEE : 7-1, 6/25/02 AYES: Bowen, Morrow, Alarcon, Dunn, Murray, Sher, Vasconcellos NOES: Battin ASSEMBLY FLOOR : 60-12, 5/20/02 - See last page for vote SUBJECT : Prepaid calling cards and services SOURCE : Author DIGEST : This bill 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 its 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. ANALYSIS : Existing law: 1. Regulates the sale of prepaid telecommunications CONTINUED AB 2244 Page 2 (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 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) 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. This bill: 1. Expands the list of specified fees and charges that must be disclosed to include: value of the card, surcharges, taxes, periodic fees in addition to monthly fees, maintenance fees, pay telephone surcharges, the surcharges for periods of use in addition to the first minute for calls within the United States, and surcharges for international calls or in lieu of disclosing each surcharge, the highest surcharge for any international call applicable on that card. 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. AB 2244 Page 3 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, 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. Requires the company to provide customer service in each language used on a prepaid calling card or its packaging and in the advertising or promotion of the prepaid calling card or prepaid calling services. 6. Prohibits a company from imposing a fee or surcharge related to obtaining customer service, including any charge related to connecting with the customer service number or waiting to speak to a live operator. 7. 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. 8. Prohibits a company from imposing a fee or surcharge that is not disclosed as required or that exceeds the amount disclosed by the company. 9. Prohibits a company from imposing any charge if the consumer is not connected to the number called. AB 2244 Page 4 Clarifies that the customer shall not be considered connected if there is a busy signal or the call is unanswered. 10.Requires that the value of the card and the amount of the various charges, however denominated, that are required to be disclosed shall be expressed in the same format. If the value of a card is expressed in minutes, the minutes shall be identified as domestic or international and the identification shall be printed on the same line or next line as the value of the card in minutes. 11.Provides that prepaid calling cards that are in compliance with current disclosure requirements may be sold to the public until July 1, 2003. 12.Makes other clarifying or technical changes to the law. Comments 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 users with sufficient time to disconnect and avoid charges once they are told what the charges will be. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/25/02) (unable to re-verify due to time constraints) AB 2244 Page 5 California Attorney General Office of Ratepayer Advocates 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 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 three cents to 50 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 AB 2244 Page 6 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. ASSEMBLY FLOOR : AYES: Aanestad, Alquist, Aroner, Bates, Briggs, Calderon, John Campbell, Canciamilla, Cardenas, Cardoza, Chan, Chavez, Chu, Corbett, Correa, Cox, Daucher, Diaz, Dickerson, Dutra, Firebaugh, Florez, Frommer, Goldberg, Harman, Havice, Jackson, Keeley, Kehoe, Kelley, Koretz, Leach, Leslie, Liu, Longville, Lowenthal, Maddox, Maldonado, Matthews, Migden, Nakano, Nation, Negrete McLeod, Oropeza, Robert Pacheco, Papan, Pavley, Reyes, Richman, Salinas, Simitian, Steinberg, Strickland, Strom-Martin, Thomson, Vargas, Wayne, Wiggins, Wyland, Wesson NOES: Ashburn, Bogh, Bill Campbell, Cogdill, Hollingsworth, Leonard, Mountjoy, Rod Pacheco, Pescetti, Runner, Wyman, Zettel CP:sl 6/29/02 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****