Current through Register Vol. 30, No. 38, September 20, 2024
A. Upon
discovery of an Unauthorized Charge or upon notification by a Subscriber of an
Unauthorized Charge, the billing Telecommunications Company shall:
1. Immediately cease charging the Customer
for the unauthorized product or service;
2. Remove the Unauthorized Charge from the
Customer's bill within 45 days;
3.
Refund or credit to the Customer all money paid by the Customer at the
Customer's option for any Unauthorized Charge. If any Unauthorized Charge is
not refunded or credited within two billing cycles, the Telecommunications
Company shall pay interest on the amount of any Unauthorized Charges at an
annual rate established by the Commission until the Unauthorized Charge is
refunded or credited;
4. Provide
the Subscriber all billing records under the control of the Telecommunications
Company related to any Unauthorized Charge. The billing records shall be
provided within 15 business days of the Subscriber's notification;
and
5. Maintain a record of each
Unauthorized Charge of every Customer who has experienced any Unauthorized
Charge for 24 months. The record shall include:
a. The name of the Telecommunications
Company,
b. Each affected telephone
number,
c. The date the Subscriber
requested the Unauthorized Charge be removed from the Customer's bill,
and
d. The date the Customer was
refunded or credited the amount that the Customer paid for any Unauthorized
Charge.
B.
After a charge is removed from the Customer's bill, the Telecommunications
Company shall not rebill the charge unless one of the following occurs:
1. The Subscriber and the Telecommunications
Company agree the customer was accurately billed.
2. The Telecommunications Company certifies
with supporting documentation to the Subscriber that the charge was authorized
pursuant to
R14-2-2005.
3. A determination is made pursuant to
R14-2-2008
that the charge was authorized.
C. Until a charge is reinstated pursuant to
subsection (B), a Telecommunications Company shall not:
1. Suspend, disconnect, or terminate
telecommunications service to a Subscriber who disputes any billing charge
pursuant to this Article or for nonpayment of an alleged Unauthorized Charge
unless requested by the Subscriber; or
2. File an unfavorable credit report against
a Customer who has not paid charges that the Subscriber has alleged were
unauthorized.
D. The
Customer shall remain obligated to pay any charges that are not
disputed.
E. Each occurrence of
cramming an individual account shall constitute a separate violation of this
Article, subject to individual enforcement actions and penalties as prescribed
herein.
