Page:United States Statutes at Large Volume 106 Part 5.djvu/554

 106 STAT. 4192 PUBLIC LAW 102-556—OCT. 28, 1992 scribed in accordance with section 553 of title 5, United States Code. (c) ENFORCEMENT. —Any violation of any rule prescribed under subsection (a) shall be treated as a violation of a rule under section 5 of the Federal Trade Commission Act (16 U.S.C. 45) regarding imfair or deceptive acts or practices. Notwithstanding section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)), commimications common carriers shall be subject to the jiuisdiction of the Commission for purposes of this title. (d) CORRECTION OF BILLING ERRORS AND CORRECTION OF CREDIT REPORTS. —In prescribing rules under this section, the Commission shall consider, with respect to telephone-billed purchases, the following: (1) The initiation of a billing review by a customer. (2) Responses by billing entities and providing carriers to the initiation of a billing review. (3) Investigations concerning delivery of telephone-billed purchases. (4) Limitations upon providing carrier responsibilities, including limitations on a carrier's responsibihty to verify delivery of audio information or entertainment. (5) Requirements on actions by billing entities to set aside chaisesfroma customer's billing statement. (6) Limitations on collection actions by billing entities and vendors. (7) The regulation of credit reports on billing disputes. (8) The prompt notification of credit to an account. (9) Rights of customers and telephone common carriers regarding 3aims and defenses. (10) The extent to which the regulations should diverge from requirements under the Truth in Lending and Fair Credit Billing Acts in order to protect customers, and in order to be cost effective to billing entities. 15 USC 5722. SEC. 302. RELATION TO STATE LAWS. (a) STATE LAW APPLICABLE UNLESS INCONSISTENT.— This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying wiui, the laws of any State with respect to telephone billing practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. The Commission is authorized to determine whether such inconsistencies exist. The Commission may not determine that any State law is inconsistent with any provision of this chapter if the Commission determines that such law gives greater protection to the consumer. (b) REGULATORY EXEMPTIONS.— The Commission shall by regulation exempt from the requirements of this title any class of telephone-billed purchase transactions within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this chapter or that such law gives greater protection to the consumer, and that there is adequate provision for enforcement. 15 USC 5723. SEC. 308. ENFORCEMENT. The Commission shall enforce the requirements of this title. For the purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement imposed under this title shall be deemed a

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