Albany Mutual Telephone

What is slamming?

You have the right to choose any certified long-distance carrier that offers you service and to change your preferred carrier (PIC) whenever you wish.

Slamming is the unauthorized and illegal switching of a customer’s preferred long-distance company. If you’ve been slammed, you have the right to be switched back to your chosen carrier at no cost.

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I have been billed for long-distance charges from a company I did not choose as my preferred carrier. What do I do to get these charges removed from my bill?

Customers who believe they’ve been slammed; i.e., that there has been an unauthorized change in their PIC selection, should inform us immediately. Once we receive notification of an unauthorized PIC change, we will do the following:

• Notify you that there is a 30-day absolution period and that you should not pay those charges on your bill.
• Refer you to the RGA (state regulatory commission or FCC Consumer Information Bureau, whichever applies).
• Immediately notify your authorized carrier; i.e., your preferred carrier prior to the alleged slamming, and identify the unauthorized carrier.
• Immediately notify the unauthorized carrier; i.e., the current PIC as a result of the switch, and identify the authorized carrier.

NOTE: Community based telecom providers should make available to their CSRs the telephone number of the PUC or RGA (if different), or the FCC’s Consumer Information Bureau (if applicable).

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What will the RGA do when an unauthorized PIC change is reported?

The FCC rules require that:

• Any carrier informed by a customer of an unauthorized PIC change must direct the customer to the relevant governmental agency (RGA).
• After receiving a complaint, the RGA will notify the alleged unauthorized carrier and order that the carrier remove from the customer’s bill all unpaid charges for the first 30 days after the unauthorized change (slam) took place, pending determination of whether an unauthorized change has actually occurred.
• Within 30 days of notification, the alleged unauthorized carrier must provide to the RGA valid proof of verification of the customer’s PIC change, which must comply with the FCC’s authorization and verification rules.
• Failure by the carrier to respond or provide proof of verification will be presumed to be clear and convincing evidence of an unauthorized change (slam).
• If the RGA determines that an unauthorized change (slam) has occurred, it will order the unauthorized carrier to comply with the 30-day absolution rule and/or the reimbursement rules.

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What does the 30-day absolution period cover?

The 30-day absolution period refers to the first 30 days after an unauthorized PIC change (slam) has been made. The customer is not responsible for any charges during that period, as long as the charges have not been paid.

If the customer has already paid the charges, the reimbursement rules apply (see next question).

Any local telephone company, unauthorized long-distance carrier, or authorized long-distance carrier receiving a report of an unauthorized change must inform the customer of the 30-day absolution period.

The alleged unauthorized carrier may challenge the validity of a slamming complaint, but it must remove unpaid charges from a customer’s bill, whether or not it challenges the allegation. Should the RGA investigation indicate that the PIC change was authorized, the charges will be reinstated.

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What if I already paid the unauthorized carrier? Can I still get reimbursed for charges incurred during the first 30 days?

If it is determined that an unauthorized change (slam) has occurred and the customer has already made payment to the unauthorized carrier for charges applicable to the first 30 days, the customer is entitled to a refund equal to 50% of the charges paid. The authorized carrier must remit the 50% refund to the customer within 10 days of receiving payment from the unauthorized carrier.

The customer has the option of requesting that the authorized carrier re-bill the unauthorized charges at the authorized carrier’s rate. In either case, however, the customer will actually receive the refund only if the unauthorized carrier remits the funds to the authorized carrier.

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What about unpaid charges incurred after the 30-day absolution period?

If the customer has charges from an unauthorized carrier for calls made after the 30-day absolution period and for which payment has not been made, the unauthorized carrier must remove the charges from the bill and forward the billing information to the authorized carrier.

The authorized carrier will bill the customer for unpaid calls carried by the unauthorized carrier after the 30-day absolution period, either at its own rate or at a rate equal to 50% of the unauthorized carrier’s rate.

If the authorized carrier chooses to bill the calls at the 50% rate, the customer has the right to reject that method and request the authorized rate.

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What must the unauthorized carrier do after it receives notification of a slamming complaint?

Under the rules, the alleged unauthorized carrier must do the following:

• Inform the customer of the 30-day absolution period.
• Refer the customer to the state RGA or, if appropriate, the FCC Consumer Information Bureau.
• Remove the unpaid charges from the customer’s bill.
• Refer the complaint to the RGA for resolution.
• Provide proof of verification, if available, to the RGA within 30 days of notification of the complaint, or sooner if required by state rule.
• Depending on the resolution of the complaint by the RGA, comply with all relevant liability rules, absolution procedures, and reimbursement procedures.

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How can I prevent being slammed?

First, always check your bill carefully. If you find charges from a long-distance company that you don’t recognize or didn’t choose as your preferred carrier, chances are you’ve been slammed. Contact us, and we’ll help you resolve the problem.

You’ve probably received telemarketing calls or promotional mailings “urging” you to switch or “verifying” you have switched. If you don’t want to change your long-distance carrier, tell the caller or respond to the mailing that you don’t want their service. To be safe, call us to confirm you’re still being served by the long-distance company you’ve chosen.

Remember, it is against the law for any carrier to submit a change of your selection of a service provider that does not comply with prescribed procedures. In more basic terms, the FCC has issued specific rules to discourage slamming.

You should note, however, that these same rules prohibit local telephone companies from verifying the change orders submitted by long-distance carriers. As a service to customers, we provide an extra level of slamming protection for you – in the form of a “preferred carrier freeze.”

PIC (Preferred Interexchange Carrier) Freezes

Most community based telecom providers offer customers protection from slamming and unauthorized changes in their long-distance company; that is by choosing a PIC (Preferred Interexchange Carrier) Freeze.

By notifying us that you wish to “freeze” your long-distance company or companies (if you have selected one company as your interLATA [out-of-region] PIC and another for your intraLATA [regional] PIC), you can avoid being slammed.

If you request a PIC freeze on your long-distance service, your preferred carrier cannot be changed without your direct authorization, either written or verbal. There is no charge for this service – all you need to do is sign a PIC Freeze form.

If you’d like to take advantage of this protection, just call our business office, and a Customer Representative will help you.

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What is a preferred carrier freeze?

As protection against slamming, local telephone companies offer a preferred carrier (PIC) freeze, a service that enables you to prevent any change to be made in your selection of a “preferred” long-distance provider, unless you first gives us express consent to lift the freeze.

Local companies make PIC freezes available to customers, regardless of the company selected as the preferred long-distance carrier, and comply with various requirements on the materials we send out about PIC freezes. In addition to specific information about any charges, we’ll also include a clear explanation and description of the specific procedures necessary for you to lift the freeze.

Customers must request separate PIC freezes for: (1) regional (intraLATA/intrastate) long-distance service, and (2) state-to-state (interstate/interLATA) and international long-distance service. We must obtain separate authorizations for each service for which you request a freeze.

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How are freeze orders accepted?

The FCC requires that customers be able to impose (or lift) a PIC freeze by contacting their local telephone company.

Local companies may not accept freeze orders from a carrier on your behalf. You can make a PIC change and a PIC freeze at the same time, but in such cases, we must verify both your carrier change and freeze requests.

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Are separate authorizations required for multiple services?

Yes. Separate authorizations are required for each service for which you request a PIC freeze.

You have the option of using any authorization and verification method allowed by the FCC; i.e., a written Letter of Authorization (LOA), third-party verification, or Internet/online LOA.

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