Telephone slamming is illegal Published July 8, 2010 82nd Training Wing Judge Advocate SHEPPARD AIR FORCE BASE, Texas -- "Slamming" is the illegal practice of telephone companies who switch consumers' long-distance or local service provider without their permission, and often even without their knowledge. Companies do this to steal phone business from competitors, which then allows them to bill the consumer. Several long-distance companies have even forged customer signatures on documents authorizing a change in long-distance carriers. The Federal Communications Commission receives more than 12,000 complaints annually. However, there are laws designed to protect consumers from this practice. If consumers get slammed, they should contact their new provider - the telephone company that switched service without authorization - and request that the company return the consumer to his or her original telephone service provider. Texas law requires a local or long-distance telephone service provider that has slammed the consumer to do the following: -Return the consumer to the original telephone company within three business days of his or her request. -Pay all billing records to the original telephone company within five business days of the consumer's request. -Provide all billing records to the original telephone company within 10 business days of the request. -Pay the original telephone company the amount the consumers would have paid to their original telephone company if they had not been slammed. -Refund, within 30 business days, any amount paid over the amount the consumer would have paid for identical services by the original telephone company if he or she had not been slammed. Please note that once the original telephone company has been paid by the slamming company, the original telephone company is required by law to provide the consumers with all the benefits they would have normally received for telephone use during the period which they were slammed. For example, if consumers earn "points" based on phone usage, the appropriate number of points should be applied to the account. Telephone slamming can be prevented by simply calling the local telephone company and asking it to put a primary inter-exchange carrier restriction on the consumer's telephone. The long-distance company can then not be changed without specific written or oral permission. Proof of identity is required. Complaints relating to slamming are investigated by the Public Utility Commission of Texas if they involve intrastate service. If a telephone company slams a consumer and fails to resolve the request to be returned to the original local or long-distance service provider as required by law, or if someone would like a complaint history for a particular phone company, call (512) 936-7000, Texas toll free (888) 782-8477 or write the Public Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326. Consumers may send an e-mail to Customer@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones may contact the commission at (512) 936-7136. There is no fee to file a complaint, however, be prepared to provide a copy of telephone bills showing proof of the "slam" as well as any unauthorized charges. A document containing the consumer's legal signature will also be required. For more information, the Public Utility Commission maintains a website at http://www.puc.state.tx.us/ocp/. To file a claim, an online complaint form can be obtained at http://www.puc.state.tx.us/ocp/complaints/complain.cfm. Complaints regarding services providing interstate calls and foreign communications should be addressed to the FCC. Send written complaints, which include a detailed accounting of the facts, to FCC, Consumer & Governmental Affairs Bureau, ATTN SLAM TEAM, Room CY A257, Consumer Complaints, 445 12th Street, SW, Washington, D.C. 20554. The FCC can also be reached at (888) 225-5322. Be advised that consumers may have additional rights under state and federal law. Please contact the Public Utility Commission for more information about these additional rights. This information is only a guide. If you are not entitled to legal assistance, consult a civilian attorney. If you need help and are entitled to legal assistance, call (940) 676-4262 for more information. Also visit the legal assistance website at https://aflegalassistance.law.af.mil.