65- 407 C.M.R. ch. 293, § 13

Current through 2024-25, June 19, 2024

Section 407-293-13 - FORM AND MANNER OF DELIVERY OF CUSTOMER NOTICES

All notices to customers required by this Chapter (including notices required by 47 C.F.R. §64.1120(e) ) shall comply with the following requirements:

A.Form. All notices to customers shall be in the form of a letter or bill insert. Notices to customers required by Sections 7-9 may be sent by electronic mail (e-mail) if the sender has complied with 10 M.R.S.A. §§9401, et seq. and, if applicable, 15 U.S.C. §§7001, et seq. Notices to customers required by Section 12 cannot be sent by e-mail.

B.Readable and Clear. All notices shall be printed with a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language;

C.Promotional Materials

1.General Rule. All notices required by this Chapter shall be sent or provided independently of any advertising or promotional material of any kind;

2.Exception: Acquiring Carrier; Same Rates. An acquiring carrier that acquires customers pursuant to Section 12, and that provides the notice to customers required by 47 C.F.R. §64.1120(e)(3), may include advertising or promotional materials with that notice, but only if the transfer will not result in an increase in rates to the customer. If the acquiring carrier must provide a notice of higher rates pursuant to Section 12(I), it may not include advertising or promotional materials with the notice.

D.Notices of transfer: Envelope Notice. All notices required by Section 12 that the customer will be transferred to a different carrier shall either be mailed in an envelope showing the name of the transferring carrier or the acquiring carrier. If e-mail notice is permitted by Section 13(A) for notices required by Sections 7-9, the sender of the e-mail shall be identified as either the name of the transferring carrier or the acquiring carrier. If the notices are included in an envelope stating the name of the acquiring carrier as the sender, the face of the envelope shall contain a prominent message stating that the customer's telephone service is about to be changed to a different carrier. A notice such as "IMPORTANT: PLEASE OPEN. YOUR TELEPHONE SERVICE IS BEING TRANSFERRED TO A DIFFERENT TELEPHONE PROVIDER" is sufficient to comply with this subsection. If e-mail notice is permitted by Section 13(A) for notices required by Sections 7-9, the subject line shall prominently state that the customer's telephone service is about to be changed. A subject line such as "IMPORTANT: YOUR TELEPHONE SERVICE IS BEING TRANSFERRED" is sufficient to comply with this subsection.

65- 407 C.M.R. ch. 293, § 13