Slamming Remains a Federal Crime (May 2003).

Here are some steps you can take to keep from being victimized

Yonkers, N.Y. -- Many major long-distance companies are launching new campaigns designed to get you to switch from the company you now use.

At the same time, a federal court has ruled that an important regulation designed to prevent "slamming"--switching long-distance service without your consent--goes too far. The Federal Communications Commission had required long-distance companies to obtain actual authorization from the customer for a switch in service, through either a letter or verification from an independent third party.

The court ruled that the FCC "charges carriers that engage in telemarketing with a virtually impossible task: guaranteeing that the person who answers the telephone is in fact authorized to make changes to that telephone line."

Slamming remains a federal crime, and the FCC says it "continues to take rigorous and forceful action with regard to slamming."

Consumers Union, publisher of Consumer Reports, recommends that you follow these steps to avoid being slammed:

• Ask your local phone company for a "primary interexchange carrier" freeze, which prevents any change in your long-distance carrier unless you authorize it in writing.

• If your state has a "Do Not Call" list, sign up to limit (but not eliminate) telemarketing calls. A national Do Not Call list is expected to be launched in July.

• Be sure that others who may answer your phone understand that they aren't authorized to act for you and that they need to be cautious when speaking with telemarketers.

• Promotions that use "free" checks may authorize a change in long-distance carrier when you endorse the check. Read the terms carefully before you sign.

• Examine your phone bill immediately and carefully for unexpected charges or a notice that your long-distance carrier has changed.

If you have been slammed, you are not required to pay the charges for the first 30 days; afterward, you must pay, but at the old company's rates, not the slammer's. Call the carrier you want to use and ask it to restore your calling plan and to remove all "change of carrier" charges from the bill. Report the slamming to the FCC (www.fcc.gov), the Texas Public Utilities Commission (www.puc.state.tx.us), or both.