Section R14-2-1907. Unauthorized Changes

A.      A Subscriber shall notify the alleged Unauthorized Carrier within a reasonable period of time after receiving notice of an Unauthorized Change. Any period of time of 60 days or less shall automatically be presumed to be reasonable, and any period of time longer than 60 days may be reasonable based on the circumstances.

B.       After a Subscriber notifies the alleged Unauthorized Carrier that the change was unauthorized, the alleged Unauthorized Carrier shall take all actions within its control to facilitate the Subscriber’s return to the original Telecommunications Com- pany as promptly as reasonable business practices will permit, but no later than five business days from the date of the Sub- scriber’s notification to it.

C.      If an alleged Unauthorized Carrier has been notified that an Unauthorized Change has occurred and the alleged Unautho- rized Carrier cannot verify within five business days that the change was authorized pursuant to R14-2-1905, the alleged Unauthorized Carrier shall:

1.        Pay all charges to the original Telecommunications Com- pany associated with returning the Subscriber to the orig- inal Telecommunications Company as promptly as reasonable business practices will permit, but no later than 30 business days from the date of the alleged Unau- thorized Carrier’s failure to confirm authorization of the change;

2.        Absolve the Subscriber of all charges incurred during the first 90 days of service provided by the alleged Unautho- rized Carrier if a Subscriber has not paid charges to the alleged Unauthorized Carrier;

3.        Forward relevant billing information to the original Tele- communications Carrier within 15 business days of a Subscriber’s notification. The original Telecommunica- tions Company may not bill the Subscriber for unautho- rized service charges during the first 90 days of the alleged Unauthorized Carrier’s service but may thereafter bill the Subscriber at the original Telecommunications Company’s rates; and

4.        Refund to the original Telecommunications Company, 100% of any alleged Unauthorized Carrier’s charges that a Subscriber paid to the alleged Unauthorized Carrier. The original Telecommunications Company shall apply the credit of 100% to the Subscriber’s authorized charges.

D.      Until the alleged Unauthorized Carrier certifies with support- ing documentation to the Subscriber that the change was veri- fied pursuant to R14-2-1905, the billing Telecommunications Company shall not:

1.        Suspend, disconnect, or terminate telecommunications service to a Subscriber who disputes any billing charge pursuant to this Section or for nonpayment of a charge related to an unauthorized change 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.

E.       The Customer shall remain obligated to pay any charges that are not disputed.

F.       The alleged Unauthorized Carrier shall maintain and preserve individual Customer records of Unauthorized Change com- plaints for 24 months.

G.      Each occurrence of slamming to an individual account shall constitute a separate violation of this Article, subject to indi- vidual enforcement actions and penalties as prescribed herein.

Historical Note

New Section made by final rulemaking at 10 A.A.R.

2409, effective July 23, 2004 (Supp. 04-2).