10. Slamming Rules

P.U. Code § 2889.5 contains detailed provisions to prevent slamming, a practice where carriers change a subscriber's service provider without the subscriber's authorization. This statute requires telephone corporations to provide written confirmation of a change in the service provider to the subscriber and allows a subscriber who switched without a signed authorization to request to be switched back within the first ninety days at no charge.

Federal law also contains provisions to protect consumers from the practice of slamming. The federal law requires states that opt to act as adjudicators of slamming complaints to notify the FCC of procedures they will use to adjudicate slamming complaints. The Commission previously informed the FCC that it will adjudicate slamming complaints in California, and we approved state slamming rules in D. 00-03-020.

This decision adopts, with modifications, and supersedes, the slamming rules in D.00-03-020. These rules provide details of the regulatory regime for handling slamming complaints in California, and we update them to account for new Commission developments. Specifically we revise language in the informal complaints section of Part 3 (Rules Governing Slamming Complaints) to indicate that the complaints may be submitted by mail, but are not required to arrive by mail.²⁶⁷

While "not opposed to these limited rules in principle," the AG opposes the "inclusion of problematic language in the applicability section regarding the District Attorneys' and [the AG's] ability to enforce these regulations."²⁶⁸ We effectively respond to these issues in Part 6 above.

²⁶⁷ Slamming complaints may be submitted online at http://www.cpuc.ca.gov/static/forms/complaints/utilcomplaints.htm.

²⁶⁸ AG Opening Comments, p. 15.