SB35: Bill Text

4. Billing services. The bill prohibits a telecommunications utility from providing billing services to a pay-per-call service provider that has been convicted of a violation of the pay-per-call service provisions,without the prior approval of the PSC. The PSC may approve the provision of billing services to a provider that has been convicted of a violation of the pay-per-call provisions only if the PSC determines that the provider has established safeguards that are sufficient to prevent further violations of these provisions. In addition, if a pay-per-call service provider is convicted of violating the pay-per-call provisions, the clerk of the court in which the conviction occurred must notify the PSC, which must notify telecommunications utilities about the conviction.

5. Penalties. Under current law, whoever violates any of the pay-per-call service provisions is subject to a forfeiture of not less than $25 nor more than $5,000. The bill changes the forfeiture (civil penalty) to a criminal penalty of a fine of not less than $100 nor more than $10,000 per violation or imprisonment for not more than 90 days, or both.

6. Civil liability. Under current law, a person who has been adversely affected by a violation of the pay-per-call service provisions has a claim for appropriate relief, including damages, injunctive, or declaratory relief, specific performance and rescission, costs, disbursements, and reasonable attorney fees. The bill modifies the civil liability provisions to provide for treble damages.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB35, s. 1 Section 1. 196.208 (1) (bm) of the statutes is created to read:

SB35,3,3 196.208 (1) (bm) "Toll-free call" means a call that can be made at no charge to the calling party.

SB35, s. 2 Section 2. 196.208 (2) (cm) of the statutes is created to read:

SB35,3,9 196.208 (2) (cm) A preamble shall include a statement that it is illegal for a person to transfer a toll-free call to this pay-per-call service and that, if the caller has been transferred to this pay-per-call service from a toll-free call, the caller should contact the department of agriculture, trade and consumer protection to report the transfer.

SB35, s. 3 Section 3. 196.208 (5t) (b) of the statutes is amended to read:

SB35,3,12 196.208 (5t) (b) Transfer the calling party to a pay-per-call service or to an international number.

SB35, s. 4 Section 4. 196.208 (7) (a) 1m. of the statutes is created to read:

SB35,3,18 196.208 (7) (a) 1m. Include on each billing statement that includes charges for pay-per-call services a clear and conspicuous notice that states: "It is illegal to transfer a call made to a toll-free number to a `900' number. If you were transferred to a `900' number service from a toll-free number, you should contact the state department of agriculture, trade and consumer protection to report the transfer."

SB35, s. 5 Section 5. 196.208 (7) (b) (intro.) of the statutes is amended to read:

SB35,4,9 196.208 (7) (b) (intro.) A telecommunications utility may not provide billing services to a provider that has been convicted of a violation of this section, without the prior approval of the commission. The commission may approve the provision of billing services to a provider that has been convicted of a violation of this section only if the commission determines that the provider has established safeguards that are sufficient to prevent further violations of this section. If a telecommunications utility provides billing services to a provider, the telecommunications utility shall do all of the following:

SB35, s. 6 Section 6. 196.208 (7m) of the statutes is created to read:

SB35,4,14 196.208 (7m) Reporting by telecommunications utilities. Except to the extent that the report would violate federal law, a telecommunications utility shall report to the department of justice any information that it obtains concerning a possible violation of sub. (5t).

SB35, s. 7 Section 7. 196.208 (9m) of the statutes is created to read:

SB35,5,2 196.208 (9m) Reporting requirements. (a) Biennial report. No later than January 1 of every odd-numbered year, the departments of agriculture, trade and consumer protection and justice shall submit a joint report to the legislature under s. 13.172 (2). The report shall include information, prepared by the department of agriculture, trade and consumer protection, on complaints received concerning possible violations of this section over the previous 2-year period. The report shall also include a description, prepared by the department of justice, concerning the department's efforts in enforcing this section over the previous 2-year period. The report shall include recommendations for legislation, if the department of agriculture, trade and consumer protection or the department of justice determines that additional legislation is needed to enforce the pay-per-call service provisions effectively.

SB35,5,5 (b) Notices of convictions. If the public service commission receives a notice from a clerk of court under s. 973.137, the public service commission shall provide a copy of the notice to all telecommunications utilities in this state.

SB35, s. 8 Section 8. 196.208 (11) (a) 1. of the statutes is amended to read:

SB35,5,10 196.208 (11) (a) 1. If a provider or a toll-free service vendor fails to comply with this section, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief, including but not limited to treble damages, injunctive or declaratory relief, specific performance, and rescission.

SB35, s. 9 Section 9. 196.208 (11) (bm) of the statutes is created to read:

SB35,5,13 196.208 (11) (bm) The department of agriculture, trade and consumer protection shall report violations of this section to the department of justice.

SB35, s. 10 Section 10. 196.208 (11) (d) of the statutes is amended to read:

SB35,5,20 196.208 (11) (d) Any person A provider or a toll-free service vendor who violates subs. (2) to (9) shall be required to forfeit may be fined not less than $25 $100 nor more than $5,000 for each offense. Forfeitures under this $10,000 or imprisoned for not more than 90 days or both. This paragraph shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

SB35, s. 11 Section 11. 973.137 of the statutes is created to read:

SB35,5,23 973.137 Courts to report convictions to the public service commission. (1) In this section:

SB35,5,25 (a) "Pay-per-call service provider" has the meaning given to "provider" in s. 196.208 (1) (b).

SB35,6,1 (b) "Toll-free service vendor" has the meaning given in s. 196.208 (1) (c).

SB35,6,4 (2) If a court determines that a person has been convicted of a violation of s. 196.208 (2) to (9), the clerk of the court in which such conviction occurred shall promptly forward to the public service commission the record of conviction.

SB35,6,7 (3) If a conviction under sub. (2) is reversed, set aside, or vacated, the clerk of the court shall promptly forward to the public service commission a certificate stating that the conviction has been reversed, set aside, or vacated.

SB35,6,8 (End)