65- 407 C.M.R. ch. 292, § 9

Current through 2024-25, June 19, 2024

Section 407-292-9 - NOTIFICATION OF PRICE INCREASES AND CHANGES IN TERMS AND CONDITIONS

A.Twenty-five day notice required. An IXC shall provide each of its customers at least 25 days written notice of any price increase or any change in the terms and conditions for any service provided by the IXC before the increase or change may take effect. A customer may terminate the service without penalty at any time before the increase or change takes effect.

B.Adequate written notice. Written notice to customers of a rate increase or change in terms and conditions that will result in a rate increase provided in accordance with this section shall:

1.Form. Be in the form of a letter, a message on the bill, or a bill insert that contains only the notification language required by this section;

2.Readable and clear. Be printed with a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language;

3.Not included with promotional material. Be sent or provided independently of any advertising or promotional material of any kind;

4.Content of notice. Notify the customer of the amount of the increase and the date the increase will take effect; and

5.Right to cancel. Notify the customer of the customer's right to cancel the service for which the rate increase or change in terms and conditions that will result in a rate increase applies prior to the increase or change taking effect.

C.Failure to provide adequate written notice. A customer who is not supplied with adequate written notice in accordance with this section is not obligated to pay for any increase in the bill attributable to an increase in price or change in terms and conditions.

D.Customer refund. An IXC shall refund or credit any increase in the customer's payments attributable to an increase in price or change in terms and conditions if the IXC fails to provide adequate written notice in accordance with this section.

E.Notice of Customer Rights. An IXC shall provide notice to its customers of the requirement for notification of price increases, as well as the customer's right to not pay the increases and to be reimbursed for payments that are attributable to an increase in price or change in terms or conditions where the customer was not properly notified. The notice shall be:

1.Form. In the form of a letter or bill insert and printed with a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language;

2.Separate document. A separate document containing only the notification language required by this subsection;

3.New customer. Provided to each new customer at the time the customer accepts services; and

4.Annual notice. Provided to each existing customer on an annual basis.

F.Exception. This section does not apply to:

1.Contractual or promotional offerings. An increase or change in terms and conditions associated with an individual customer contract or promotional offering, provided the customer was notified before entering the contract or accepting the offer that the price or terms and conditions were subject to change;

2.Dial-around customers. Customers that access the IXC's network by dialing its access number; and

3.Collect calls. Customers that access the IXC's network by making a collect call.

65- 407 C.M.R. ch. 292, § 9