HOUSE BILL No. 2099
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2000 Supp. 50-6,103 is hereby amended to read as
follows: 50-6,103. (a) As used in this section:
(1) ``Express authorization'' means an express, affirmative act by a
consumer clearly agreeing to the a change in the consumer's telecom-
munications carrier or local exchange carrier to another carrier.
(2) ``Supplemental telecommunication services'' means any property
or services for which any charge or assessment appears on a billing state-
ment directed to a consumer by a local exchange carrier or telecommu-
nications carrier, including but not limited to personal 800 number serv-
ices, calling card plans, internet advertisement and website services, voice
mail services, paging services, psychic services, psychic memberships, dat-
ing services or memberships, travel club memberships, internet access
services and service maintenance plans. ``Supplemental telecommunica-
tion services'' does not include direct dial services to which a per use
(2) (3) ``Telecommunications services'' has the meaning provided by
K.S.A. 66-1,187 and amendments thereto.
(b) No local exchange carrier or telecommunications carrier shall sub-
mit or cause to be submitted to a local exchange carrier an order to change
a consumer's telecommunications carrier or local exchange carrier to an-
other carrier without having obtained the express authorization of the
consumer authorized to make the change. The local exchange carrier or
telecommunications carrier requesting the change shall have the burden
of proving the express authorization by a preponderance of the evidence.
It shall not be a violation of this subsection for a local exchange carrier
to assign a consumer to a telecommunications carrier for purposes of
intralata services pursuant to order of the state corporation commission.
(c) No local exchange carrier, telecommunications carrier or third
party utilized to verify an order to change a consumer's telecommunica-
tions carrier or local exchange carrier to another carrier supplier shall:
(1) Engage in any activity, conduct or representation that has the
capacity to mislead, deceive or confuse the consumer, while soliciting or
verifying a change in a consumer's telecommunications carrier or local
exchange carrier to another carrier that has the capacity to mislead, de-
ceive or confuse the consumer;
(2) employ a box or container used to collect entries for sweepstakes,
contests or drawings to gather letters of agency or other documents that
constitute authorizations by consumers to change the consumers' tele-
communications carrier or local exchange carrier to another carrier or to
change or add to the consumers' other accounts any supplemental tele-
communications services; or
(3) use any methods not approved by statute, regulations of the fed-
eral communications commission statutes, rules and regulations or federal
trade commission (as in effect on the effective date of this act) or state
corporation commission rules and regulations to change a consumer's
telecommunications carrier or local exchange carrier to another carrier.;
(4) employ a check, draft or other negotiable instrument that consti-
tutes authorization to change or add to the consumer's accounts any sup-
plemental telecommunications services.
(d) Any local exchange carrier or telecommunications carrier supplier
that violates subsection (b) or (c) shall be subject to a civil penalty of not
less than $5,000 nor more than $20,000 for each such violation instead
of the penalty provided for in subsection (a) of K.S.A. 50-636, and amend-
(e) Any violation of this section is a deceptive and unconscionable act
or practice under the provisions of the Kansas consumer protection act
and shall be subject to any and all of the enforcement provisions of the
Kansas consumer protection act. Nothing in this section shall preclude
the state corporation commission from exerting its authority as it pertains
to intrastate services nor the attorney general from pursuing violations of
any other provisions of the Kansas consumer protection act by a local
exchange carrier or telecommunications carrier supplier.
(f) All local exchange carriers shall offer consumers the option of no-
tifying the local exchange carrier in writing that they do not desire any
change of telecommunications carrier regardless of any orders to the con-
trary submitted by any third party. The consumer shall be permitted to
cancel such notification or to change its telecommunications carrier by
notifying the consumer's local exchange carrier accordingly. All local
exchange carriers shall annually notify the consumers of the carrier's tel-
ecommunications services of the availability of this option.
(g) Any person alleging a violation of this section may bring a private
action to seek relief pursuant to K.S.A. 50-634, 50-636 and this section,
and amendments thereto, and such person may be defined as a consumer
pursuant to K.S.A. 50-624, and amendments thereto, for the purposes of
such private action.
(h) The attorney general and the state corporation commission shall
enter into a memorandum of understanding providing for the cooperation
and sharing of information necessary to enforce this section against sup-
pliers and to assist consumers under federal and state law.
(g) (i) This section shall be part of and supplemental to the Kansas
consumer protection act.
Sec. 2. K.S.A. 2000 Supp. 50-6,103 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
Approved April 18, 2000.
Date Composed: 09/25/2001 Date Modified: 09/25/2001