PRINTER'S NO. 869
No. 742 Session of 2003
INTRODUCED BY McCALL, BEBKO-JONES, BELARDI, BELFANTI, BISHOP,
BROWNE, CAWLEY, CORRIGAN, COY, CRUZ, CURRY, DALEY, DeLUCA,
EACHUS, FREEMAN, GEIST, GEORGE, GRUCELA, HALUSKA, HARHAI,
HENNESSEY, HORSEY, JAMES, JOSEPHS, KELLER, LaGROTTA,
LAUGHLIN, MANDERINO, MELIO, PALLONE, PETRARCA, READSHAW,
SAINATO, SANTONI, SATHER, SHANER, SOLOBAY, SURRA, TANGRETTI,
THOMAS, TIGUE, WALKO, WANSACZ, WASHINGTON, WOJNAROSKI, WRIGHT
AND YOUNGBLOOD, MARCH 6, 2003
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 6, 2003
AN ACT
1 Amending the act of December 17, 1968 (P.L.1224, No.387),
2 entitled "An act prohibiting unfair methods of competition
3 and unfair or deceptive acts or practices in the conduct of
4 any trade or commerce, giving the Attorney General and
5 District Attorneys certain powers and duties and providing
6 penalties," further providing for unfair and deceptive acts
7 or practices by Internet access providers.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of December 17, 1968 (P.L.1224, No.387),
11 known as the Unfair Trade Practices and Consumer Protection Law,
12 reenacted and amended November 24, 1976 (P.L.1166, No.260), is
13 amended by adding a section to read:
14 Section 9.4. Provisions Relating to Internet Access
15 Providers.--(a) In connection with on-line registration for
16 Internet service, it constitutes an unfair and deceptive act or
17 practice for an Internet access provider to:
1 (1) Represent that any Internet access number listed on-line
2 as a local dial-up access number, including any 800 number, is
3 toll-free when usage of such telephone number to access the
4 Internet could result in toll charges or other additional fees.
5 (2) Cause the likelihood of confusion or of misunderstanding
6 by directing a person registering for Internet service to use an
7 area code to determine whether a local dial-up access number is
8 in such person's local calling area.
9 (3) Cause the likelihood of confusion or of misunderstanding
10 by directing a person registering for Internet service to call
11 his local operator to verify that a local dial-up access number
12 is in such person's local calling area.
13 (4) Fail to clearly disclose that the selection of a toll-
14 free 800 access number to connect to the Internet will result in
15 an additional surcharge, the amount of such surcharge, and the
16 basis for determining the surcharge amount. Such disclosure
17 shall be provided through a pop-up screen or any other such
18 visual interface, which shall be displayed immediately after the
19 800 number option is selected and which shall be designed to
20 display a notice similar to the following:
21 NOTICE
22 The selection of a toll-free 800 access number may result
23 in an additional surcharge of (amount of surcharge). This
24 surcharge is in addition to the monthly fee for Internet
25 access and may be based on the hours of usage. Your
26 completion of registration indicates that you
27 affirmatively agree to and accept all terms and
28 conditions relating to the usage of a toll-free 800
29 access number to connect to the Internet. If you do not
30 accept the terms and conditions governing the selection
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1 of a toll-free 800 access number, STOP! CLICK "CANCEL!"
2 DO NOT COMPLETE THIS REGISTRATION!
3 (5) Fail to clearly and completely disclose the terms and
4 conditions of an on-line access agreement to any person
5 registering on-line for Internet access service before on-line
6 registration is completed.
7 (6) Fail to secure in writing a person's affirmative
8 acceptance of the terms and conditions of an Internet access
9 agreement within thirty business days of completion of on-line
10 registration.
11 (b) (1) The Office of Attorney General shall enforce the
12 provisions of this section. All remedies, penalties and
13 authority granted to the Attorney General or to the appropriate
14 District Attorney, acting in the name of the Commonwealth of
15 Pennsylvania, under this act shall be available for the
16 enforcement of this section.
17 (2) In any action brought by the Attorney General or the
18 appropriate District Attorney to enforce this section, the court
19 may order that the person who incurred actual damages be awarded
20 double the amount at which actual damages are assessed.
21 (3) Any person who incurs actual damages as a result of the
22 use of an act or practice declared unlawful under subsection (a)
23 may bring a private action to recover actual damages in
24 accordance with section 9.2.
25 (4) In addition to any other penalties provided under this
26 act, a person who uses or employs any act or practice declared
27 unlawful under subsection (a) shall be subject to a civil
28 penalty of up to $2,000 for each violation.
29 (c) As used in this section:
30 "Access provider" means an entity that arranges for an
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1 individual, organization or business to have access to the
2 Internet. Access providers are generally divided into two
3 classes: Internet service providers and on-line service
4 providers.
5 "Area code" means a three-digit number identifying a specific
6 geographic area of the United States which permits direct
7 distance dialing on the telephone system.
8 "Internet service provider" means a service provider that has
9 its own network (or leases) to which end-users dial into to
10 connect to the Internet usually for a fee.
11 "Local calling area" means a geographic area within which
12 subscribers may make telephone calls without assessment of toll
13 charges.
14 "Local dial-up access number" means a telephone number used
15 to make a temporary connection between two computers to connect
16 to the Internet usually through the use of a modem and which is
17 usually described as being in a specific local calling area.
18 "On-line service provider" means an interactive computer
19 service such as RoadRunner, @Home, or AOL, which provides
20 subscribers with proprietary information or content as well as
21 access to the Internet usually for a fee.
22 "Pop-up screen" means a graphical user interface display
23 area, usually a small window, which is timed to appear ("pop
24 up") in the foreground of the visual interface.
25 "Toll-free 800 access number" means a telephone number which
26 enables a caller to dial a long distance telephone number
27 without incurring a charge for the call, which is paid for by
28 the party offering the 800 number, but which when used to access
29 the Internet, may result in a surcharge based on the hours of
30 usage or some other set fee.
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1 Section 2. This act shall take effect immediately.
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