(a) (1) In this section the following words have the meanings indicated. (2) "Billing agent" means a person that submits charges for products or services to a telephone company or reseller on behalf of the person submitting the charges or on behalf of a third-party vendor. (3) "Customer" means a customer of a telephone company or reseller. (4) "Express authorization" means an express, affirmative act by an ordering customer in the form of: (i) A written authorization; (ii) An oral authorization verified and recorded by an independent party; or (iii) A recorded electronic authorization. (5) "Ordering customer" means a customer or another person ordering services that will appear on the customer's telephone bill. (6) "Reseller" means a person that provides wireline telephone voice service by using the transmission facilities of another person. (7) "Telephone company" means a person that provides wireline telephone voice services. (8) "Third-party vendor" means an entity not affiliated with a telephone company or reseller that: (i) Provides products or services to a customer; and (ii) Seeks to charge the customer through third-party vendor billing. (9) (i) "Third-party vendor billing" means the use of a telephone company's or reseller's billing system, either directly or through a billing agent, to charge a customer for products or services provided by a third-party vendor. (ii) "Third-party vendor billing" does not include billing for: 1. Products or services offered by, or bundled with the products or services of, a telephone company, a reseller, or an affiliate of a telephone company or reseller; 2. Long distance services that a customer initiates by dialing 1+, 0+, 0-, or 1010XXX; or 3. Commercial mobile radio services. (b) Unless the third-party vendor or billing agent first obtains an ordering customer's express authorization, a third-party vendor or billing agent may not submit charges to a telephone company or reseller. (c) The express authorization required under subsection (b) of this section shall: (1) Be separate from any solicitation material or entry forms for sweepstakes or contests; and (2) Include: (i) The name and telephone number of the ordering customer; (ii) The date of authorization; (iii) An explanation of: 1. The product or service offered; and 2. All applicable charges; and (iv) An affirmation by the ordering customer that: 1. The ordering customer is at least 18 years of age and authorized to order services that will appear on the customer's telephone bill; and 2. Third-party vendor billing charges may be billed using the customer's telephone bill. (d) A third-party vendor or billing agent shall retain a copy of the express authorization required under subsection (b) of this section for 2 years after the date of authorization. (e) A customer is not liable for third-party vendor billing charges unless: (1) The customer has been given notice that the telephone company or reseller may allow third-party vendor billing and that free blocking of certain third-party vendor billing may be available to the customer; and (2) The customer is provided access to: (i) An itemization of the third-party vendor billing charges identifying them separately from other charges; and (ii) The name and telephone number of the third-party vendor or its billing agent. (f) Unless the third-party vendor or billing agent provides a copy of the authorization required under subsection (b) of this section to the customer and to the telephone company or reseller, a customer is not liable for third-party vendor billing charges if the customer, in good faith and in a reasonably timely manner, but not outside the time period specified in subsection (d) of this section, disputes that the charges were authorized. (g) An agreement for third-party vendor billing entered into by a telephone company or reseller and a third-party vendor or billing agent on or after October 1, 2010, is void and unenforceable to the extent that it does not require the third-party vendor to comply with subsection (b) of this section. (h) A violation of this section by a third-party vendor or billing agent: (1) Is an unfair or deceptive trade practice under Title 13 of this article; and (2) Except for the provisions of § 13-411 of this article, is subject to the enforcement and penalty provisions contained in Title 13 of this article.
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