McCain, Snowe & Bryan Introduce Anti-Slamming Bill

(May 20, 1999) Sen. John McCain filed the Telecommunications Competition and Consumer Protection Act on May 19. Sen. McCain also sponsored another anti-slamming bill in the 105th Congress which passed the Senate, but was not enacted into law.

Slamming, or the unauthorized changing of a telephone user's telephone exchange or telephone toll service provider, is one of the leading consumer complaints about telephone service.

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Sen. McCain

"Slamming has to stop once and for all. Consumers should not have to continue to deal with fraudulent and abusive telemarketing practices engaged in by companies selling long-distance telephone service," Sen. John McCain (R-AZ) said in a press release. "This legislation establishes effective anti-slamming laws and stiff penalties for those carriers found guilty."

Sen. McCain also released a summary of the bill which states that the bill "provides for an Code of Subscriber Protection Practices to be created with input by the Federal Communications Commission, Federal Trade Commission, and telecommunications carrier representatives to include measures to end slamming. The TCCPA includes tough regulatory measures to be applied to those companies electing not to participate in the use of the Code."

Sen. McCain is Chairman of the Senate Commerce Committee, which has jurisdiction over the bill. Sen. Olympia Snowe (R-ME) and Sen. Richard Bryan (D-NV) are original cosponsors of the bill. Both are also members of the Commerce Committee.

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Sen. Bryan

"It is hard to believe, but the practice of slamming is perfectly legal," Sen. Bryan said. "Supposedly reputable companies are dancing between the letters of the law and treating consumers in an absolutely abusive manner. As a result of slamming, consumers are faced with higher phone bills and a maze of paperwork just to get back to their original phone company. It is time to put a stop to these unfair, anti-consumer practices."

The Telecommunications Act of 1996 contains an anti-slamming provision. However, the Federal Communications Commission, which was given rule making and enforcement authority did not promulgate rules until recently. On May 18 a court stayed enforcement of these rules.

Sen. McCain sponsored a comprehensive anti-slamming bill in the last Congress. He introduced S 1618 on February 9, 1998. S 1618 ES passed the Senate on May 12, 1998. It included not only the original McCain anti-slamming bill, but also the Murkowski anti-spamming bill, S 771, and the Rockefeller "Truth in Billing" amendment.

See also, TLJ Summary of Anti-Slamming Bills in the 105th Congress.

After passage of S 1618, Rep. Billy Tauzin (R-LA), Chairman of the House Telecommunications Subcommittee, introduced HR 3888, which paralleled S 1618 ES, except that it lacked the "Truth in Billing" language. HR 3888 was amended and passed by the House Telecommunications Subcommittee in August, and the full Commerce Committee in September. It was approved by the House by a voice vote on October 12, 1998. However, the two bills were not reconciled, and hence, died at the end of the Congress.

There is widespread support for an anti-slamming bill in both the House and Senate. However, there have been a number of differences over the details, including remedies of consumers who have been illegally slammed.

Related Story

Death of Anti Slamming Bill Shifts Initiative to the FCC, 10/22/99.