NRS598.969. Prohibited acts: Changing a customer’s carrier without timely authorization; failure to provide timely written notices and confirmations; engaging in other fraudulent or deceptive acts; proposing contract to waive or authorize violations of the protections of this section.  


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  •   A provider shall not:

          1.  Make a statement or representation regarding the provision of a telecommunication service, including, without limitation, a statement regarding the rates, terms or conditions of a telecommunication service, that:

          (a) Is false, misleading or deceptive; or

          (b) Fails to include material information which makes the statement or representation false, misleading or deceptive.

          2.  Misrepresent his or her identity.

          3.  Falsely state to a person that the person has subscribed or authorized a subscription to or has received a telecommunication service.

          4.  Omit, when explaining the terms and conditions of a subscription to a telecommunication service, a material fact concerning the subscription.

          5.  Fail to provide a customer with timely written notice containing:

          (a) A clear and detailed description relating directly to the services for which the customer is being billed and the amount the customer is being charged for each service;

          (b) All terms and conditions relating directly to the services provided; and

          (c) The name, address and telephone number of the provider.

          6.  Fail to honor, within a reasonable period, a request of a customer to cancel a telecommunication service pursuant to the terms and conditions for the service.

          7.  Bill a customer for a telecommunication service after the customer has cancelled the telecommunication service pursuant to the terms and conditions of the service.

          8.  Bill a customer for services that the provider knows the customer has not authorized, unless the service is required to be provided by law. The failure of a customer to refuse a proposal from a provider does not constitute specific authorization.

          9.  Change a customer’s subscription to a local exchange carrier or an interexchange carrier unless:

          (a) The customer has authorized the change within the 30 days immediately preceding the date of the change; and

          (b) The provider complies with the provisions of 47 U.S.C. § 258, as amended, and the verification procedures set forth in 47 C.F.R. part 64, subpart K, as amended.

          10.  Fail to provide to a customer who has authorized the provider to change his or her subscription to a local exchange carrier or an interexchange carrier a written confirmation of the change within 30 days after the date of the change.

          11.  Propose or enter into a contract with a person that purports to:

          (a) Waive the protection afforded to the person by any provision of this section; or

          (b) Authorize the provider or an agent, employee, independent contractor or representative of the provider to violate any provision of this section.

      (Added to NRS by 1999, 2715; A 2007, 717)