On July 24, 2025, the Federal Communications Commission (FCC) adopted and released a Notice of Proposed Rulemaking (NPRM) seeking comment on whether its decades-old slamming and truth-in-billing rules remain necessary in today's telecommunications marketplace. The NPRM, published in the Federal Register on August 22, 2025, proposes to eliminate or significantly streamline many of the existing requirements, while retaining core consumer protections against unauthorized carrier changes and charges .
Background
- Slamming occurs when a provider switches a customer's service to another carrier without the customer's consent. The FCC adopted detailed verification procedures for carrier changes in the late 1990s when slamming was a significant consumer problem.
- Truth-in-Billing rules, adopted in 1999, require providers to clearly identify charges on bills, including separating third-party charges, to reduce consumer confusion and deter fraudulent practices such as "cramming."
The FCC observes that consumer complaints about slamming and cramming have declined sharply, and that many existing rules may no longer be justified given changes in technology, billing practices, and consumer behavior.
Key Proposals
A. Slamming Rules
- Replace Prescriptive Verification Rules: Eliminate detailed requirements for third-party verification (TPV), letters of agency, and carrier freezes.
- Streamlined Standard: Adopt a single rule requiring carriers to obtain and retain "clear and convincing evidence" of customer authorization, while prohibiting material misrepresentations.
- Flexibility: Carriers would have greater discretion in how they demonstrate consent, so long as procedures are "reasonably designed" to verify authorization.
B. Truth-in-Billing Rules
- Eliminate Outdated Requirements:
- No longer require a separate section for third-party charges.
- Remove requirements for carriers to provide toll-free numbers or mailing addresses for billing inquiries.
- Eliminate "purpose" and disclosure rules tied to now-rare third-party billing practices.
- Streamlined Requirements Retained:
- Bills must be clearly organized and contain plain-language descriptions of charges.
- Carriers must identify service providers associated with charges and flag any change in provider.
- Prohibition against unauthorized charges would remain intact.
- Clarification of Standards: The FCC seeks comment on whether to adopt the Federal Trade Commission's definition of "clear and conspicuous" instead of its current standard.
Implications for Providers
If adopted, these changes could:
- Reduce Compliance Burdens: Elimination of prescriptive billing and verification requirements would lower regulatory costs for carriers, especially small providers.
- Increase Flexibility: Providers could implement innovative billing formats and authorization procedures without fear of technical non-compliance.
- Maintain Consumer Protections: While rules would be streamlined, carriers must still avoid misrepresentation and unauthorized charges—and would bear the burden of proof in disputes.
Public Comment Deadlines
- Comments Due: 30 days after publication in the Federal Register (September 22, 2025).
- Reply Comments Due: 60 days after publication (October 21, 2025).
- Dockets: CG Docket No. 17-169; CC Docket No. 98-170.
- How to File: Comments may be submitted electronically through the FCC's Electronic Comment Filing System (ECFS) at https://www.fcc.gov/ecfs/ .
The FCC's NPRM signals a potential regulatory shift away from prescriptive consumer protection rules toward a more flexible, principles-based framework. Providers should carefully review the proposed changes, consider how they might affect existing billing and customer authorization practices, and assess whether to submit comments advocating for (or against) the proposed reforms.
The CommLaw Group will continue to monitor this proceeding and stands ready to assist clients in preparing and submitting comments, evaluating compliance strategies, and assessing potential litigation risks.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
