Federal Communications Commission	DA 19-596


Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of

Telplex Communications

Complaints Regarding 
Unauthorized Change of
Subscriber’s Telecommunications Carrier
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Complaint Nos.  3114954
                           3197933
                           
                         
                      
ORDER

Adopted: June 25, 2019	Released: June 26, 2019

By the Deputy Chief, Consumer Policy Division, Consumer and Governmental Affairs Bureau:
1. In this Order, we consider two complaints See Informal Complaint Nos. 3114954 (filed Mar. 13, 2019) and 3197933 (filed Apr. 17, 2019)
 alleging that Telplex Communications (Telplex) changed Complainants’ telecommunications service providers without obtaining authorization and verification from Complainants as required by the Commission’s rules. See 47 CFR §§ 64.1100 – 64.1190.
  We conclude that Telplex has responded fully to the Complainants’ complaints and has taken action to resolve the complaints.
2. Section 258 of the Communications Act of 1934, as amended (the Act), prohibits the practice of “slamming,” the submission or execution of an unauthorized change in a subscriber’s selection of a provider of telephone exchange service or telephone toll service. 47 U.S.C. § 258(a).
  The Commission’s implementing rules require, among other things, that a carrier receive individual subscriber consent before a carrier change may occur. See 47 CFR § 64.1120.
  Specifically, a carrier must: (1) obtain the subscriber’s written or electronically signed authorization in a format that satisfies our rules; (2) obtain confirmation from the subscriber via a toll-free number provided exclusively for the purpose of confirming orders electronically; or (3) utilize an appropriately qualified independent third party to verify the order. Id. § 64.1120(c).  Section 64.1130 details the requirements for letter of agency form and content for written or electronically signed authorizations.  Id. § 64.1130.
  The Commission also has adopted rules to limit the liability of subscribers when a carrier change occurs, and to require carriers involved in slamming practices to compensate subscribers whose carriers were changed without authorization. These rules require the carrier to absolve the subscriber where the subscriber has not paid his or her bill.  If the subscriber has not already paid charges to the unauthorized carrier, the subscriber is absolved of liability for charges imposed by the unauthorized carrier for service provided during the first 30 days after the unauthorized change.  See id. §§ 64.1140, 64.1160.  Any charges imposed by the unauthorized carrier on the subscriber for service provided after this 30-day period shall be paid by the subscriber to the authorized carrier at the rates the subscriber was paying to the authorized carrier at the time of the unauthorized change.  Id.  Where the subscriber has paid charges to the unauthorized carrier, the Commission’s rules require that the unauthorized carrier pay 150 percent of those charges to the authorized carrier, and the authorized carrier shall refund or credit to the subscriber 50 percent of all charges paid by the subscriber to the unauthorized carrier.  See id. §§ 64.1140, 64.1170.  
 
3. We received Complainants’ complaints alleging that Telplex had changed Complainants’ telecommunications service providers without Complainants’ authorization.  Pursuant to our rules, we notified Telplex of the complaints. Id. § 1.719 (Commission procedure for informal complaints filed pursuant to section 258 of the Act); id. § 64.1150 (procedures for resolution of unauthorized changes in preferred carrier).
  Based on the information provided by Telplex, it appears that Telplex has fully absolved Complainants of all charges assessed by Telplex in a manner consistent with the Commission’s liability rules. See Telplex Response to Informal Complaint No. 3114954 (filed Apr. 12, 2019); Telplex Response to Informal Complaint No. 3197933 (filed May 28, 2019).
  We therefore find that the complaints referenced herein have been resolved. If either Complainant is unsatisfied with the resolution of its complaint, the Complainant may file a formal complaint with the Commission pursuant to section 1.721 of the Commission’s rules, 47 CFR § 1.721.  Such filing will be deemed to relate back to the filing date of such Complainant’s informal complaint so long as the formal complaint is filed within 45 days from the date this order is mailed or delivered electronically to such Complainant.  See id. § 1.719.


4. Accordingly, IT IS ORDERED that, pursuant to section 258 of the Communications Act of 1934, as amended, 47 U.S.C. § 258, and sections 0.141, 0.361 and 1.719 of the Commission’s rules, 47 CFR §§ 0.141, 0.361, 1.719, the complaints filed against Telplex Communications ARE RESOLVED.
5. IT IS FURTHER ORDERED that this Order is effective upon release.
FEDERAL COMMUNICATIONS COMMISSION




Nancy A. Stevenson
Deputy Chief
Consumer Policy Division
Consumer and Governmental Affairs Bureau



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