Not all state policy is bequeathed to us via legislative approval. Sometimes, state agencies, which oversee certain services and commodities, have the authority to institute rules and policies with guidance from the Legislature and the general public. It’s the difference between Statute – the laws passed by the Legislature and Governor into the Revised Code of Washington (the RCWs) – and Rules; the policies of each agency found in the Washington Administrative Code (that’s WAC).
In that sense, representatives don’t always need to pass a law to protect consumers and get things done. Sometimes you can use the rule-making process that is set up in law to get input from the community. This is the path State Rep. Zack Hudgins used last December, before the legislature was in session.
According to the Federal Trade Commission (FTC), consumers who believe they’re purchasing a calling card often find the amount of minutes can be dramatically less than advertised, sometimes up to 60% less. That’s largely the result of “hidden fees” charged by the card company.
After reading about these unfair advertising practices, Zack decided to do a little digging into our own state’s rules covering these pre-paid cards, and found our consumer protections lacking as well. So he contacted our state’s version of the FTC, the Washington Utilities and Transportation Commission (WUTC), which has the ability to adopt and revise rules governing the pre-paid cards.
Zack wants prepaid calling card providers and distributors to clearly and accurately present the number of available domestic and international minutes on each card; the rate the card charges; and disclose any hidden fees. In addition, he wants this information translated into several different languages for those who are calling foreign countries.
Hudgins knows these consumer protections could potentially save families in his community, and across the state, millions.
The WUTC agrees with Rep. Hudgins, and will soon begin the process of revising the WACs, taking input from the public and drafting language to put protections into Rule prohibiting these calling-card scams from occurring in our state.“In our school district alone, there are over a hundred different languages spoken. Immigrant communities have contributed so much to the 11th Legislative District, and made it the vibrant place it is to work and raise a family. With so many challenges already facing non-native English speakers, disreputable businesses shouldn’t be allowed to prey on them by short-changing them."
In the meantime, the FTC lists some guidelines consumers should follow before purchasing a pre-paid calling card:
- Ask any retailer if they will stand behind the card if it doesn’t deliver the number of minutes advertised.
- Check the card’s package or in-store advertising for domestic and international rates. If you can’t find the rate, consider buying a different card.
- Look for disclosures about surcharges, “maintenance” fees, and fees for making calls from a pay phone, to a cell phone, or using a toll-free access number.
- Compare rates. Very low rates, particularly for international calls, may be a warning sign that the card won’t deliver the number of advertised minutes.
- Look for expiration dates.
- Look for a toll-free customer service number. If the customer service number isn’t toll-free or displayed, it may be difficult to contact the company if you have a problem with the card.
- Make sure you can understand the instructions on the card.
- Make sure the card comes in a sealed envelope or that the PIN is not visible. Otherwise, anyone can copy the PIN and use the phone time you’re paying for.
- The Federal Trade Commission (ftc.gov or 1-877-FTC-HELP)
- The state Attorney General (http://www.atg.wa.gov/fileacomplaint.aspx or 1.800.551.4636)
- Your local Better Business Bureau to file a complaint or get a report based on customer experience.
