§ 64.1504   Restrictions on the use of toll-free numbers.

   A common carrier shall prohibit by tariff or contract the use of any
   800 telephone number, or other telephone number advertised or widely
   understood to be toll-free, in a manner that would result in:

   (a) The calling party or the subscriber to the originating line being
   assessed, by virtue of completing the call, a charge for a call;

   (b) The calling party being connected to a pay-per-call service;

   (c) The calling party being charged for information conveyed during the
   call unless:

   (1) The calling party has a written agreement (including an agreement
   transmitted through electronic medium) that specifies the material
   terms and conditions under which the information is offered and
   includes:

   (i) The rate at which charges are assessed for the information;

   (ii) The information provider's name;

   (iii) The information provider's business address;

   (iv) The information provider's regular business telephone number;

   (v) The information provider's agreement to notify the subscriber at
   least one billing cycle in advance of all future changes in the rates
   charged for the information;

   (vi) The subscriber's choice of payment method, which may be by direct
   remit, debit, prepaid account, phone bill, or credit or calling card
   and, if a subscriber elects to pay by means of phone bill, a clear
   explanation that the subscriber will be assessed for calls made to the
   information service from the subscriber's phone line;

   (vii) A unique personal identification number or other
   subscriber-specific identifier that must be used to obtain access to
   the information service and instructions on its use, and, in addition,
   assures that any charges for services accessed by use of the
   subscriber's personal identification number or subscriber-specific
   identifier be assessed to subscriber's source of payment elected
   pursuant to paragraph (c)(1)(vi) of this section; or

   (2) The calling party is charged for the information by means of a
   credit, prepaid, debit, charge, or calling card and the information
   service provider includes in response to each call an introductory
   message that:

   (i) Clearly states that there is a charge for the call;

   (ii) Clearly states the service's total cost per minute and any other
   fees for the service or for any service to which the caller may be
   transferred;

   (iii) Explains that the charges must be billed on either a credit,
   prepaid, debit, charge, or calling card;

   (iv) Asks the caller for the card number;

   (v) Clearly states that charges for the call begin at the end of the
   introductory message; and

   (vi) Clearly states that the caller can hang up at or before the end of
   the introductory message without incurring any charge whatsoever.

   (d) The calling party being called back collect for the provision of
   audio or data information services, simultaneous voice conversation
   services, or products; and

   (e) The calling party being assessed by virtue of the caller being
   asked to connect or otherwise transfer to a pay-per-call service, a
   charge for the call.

   (f) Provided, however, that:

   (1) Notwithstanding paragraph (c)(1) of this section, a written
   agreement that meets the requirements of that paragraph is not required
   for:

   (i) Calls utilizing telecommunications devices for the deaf;

   (ii) Directory services provided by a common carrier or its affiliate
   or by a local exchange carrier or its affiliate; or

   (iii) Any purchase of goods or of services that are not information
   services.

   (2) The requirements of paragraph (c)(2) of this section shall not
   apply to calls from repeat callers using a bypass mechanism to avoid
   listening to the introductory message: Provided, That information
   providers shall disable such a bypass mechanism after the institution
   of any price increase for a period of time determined to be sufficient
   by the Federal Trade Commission to give callers adequate and sufficient
   notice of a price increase.

   [ 61 FR 39087 , July 26, 1996, as amended at  69 FR 61154 , Oct. 15, 2004]

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