PUBLIC LAW 102-556—OCT. 28, 1992 106 STAT. 4193

violation of a requirement imposed under that Act. All the functions
and powers of the Commission under that Act are available to
the Commission to enforce compliance by any person with the
requirements imposed under this title, irrespective of whether that
person is engaged in commerce or meets any other iurisdictional
tests in that Act. The Commission may prescribe such regulations
as are necessary or appropriate to implement the provisions of
this title.

SEC. 304. DEFINITIONS. 15 USC 5724.

As used in this title—

(1) The term "telephone-billed purchase" means any pur-
chase that is completed solely as a consequence of the comple-
tion of the call or a subsequent dialing, touch tone entry,
or comparable action of the caller. Such term does not include—

(A) a purchase by a caller pursuant to a preexisting
agreement with the vendor;

(B) local exchange telephone services or interexchange
telephone services or any service that the Federal Commu-
nications Commission determines, by rule—

(i) is closely related to the provision of local
exchange telephone services or interexchange tele-
phone services; and

(ii) is subject to billing dispute resolution proce-
dures required by Federal or State statute or regula-
tion; or

(C) the purchase of goods or services which is otherwise
subject to billing dispute resolution procedures required
by Federal statute or regulation.

(2) A "billing error" consists of any of the following:

(A) A reflection on a billing statement for a telephone-
billed purchase which was not made by the customer or,
if made, was not in the amount reflected on such statement.

(B) A reflection on a billing statement of a telephone-
billed purchase for which the customer requests additional
clarification, including documentary evidence thereof.

(C) A reflection on a billing statement of a telephone-
billed purchase that was not accepted by the customer
or not provided to the customer in accordance with the
stated terms of the transaction.

(D) A reflection on a billing statement of a telephone-
billed purchase for a call made to an 800 or other toll
free telephone number.

(E) The failure to reflect properly on a billing statement
a payment made by the customer or a credit issued to
the customer with respect to a telephone-billed purchase.

(F) A computation error or similar error of an account-
ing nature on a statement.

(G) Failure to transmit the billing statement to the
last known address of the customer, unless that address
was furnished less than twenty days before the end of
the billing cycle for which the statement is required.

(H) Any other error described in regulations prescribed
by the Commission pursuant to section 553 of title 5,
United States Code.

(3) The term "Commission" means the Federal Trade
Commission.