Section R14-2-2006. Unauthorized Charges

A.      Upon discovery of an Unauthorized Charge or upon notifica- tion by a Subscriber of an Unauthorized Charge, the billing Telecommunications Company shall:

1.        Immediately cease charging the Customer for the unau- thorized 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 Telecommunica- tions 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 con- trol of the Telecommunications Company related to any Unauthorized Charge. The billing records shall be pro- vided within 15 business days of the Subscriber’s notifi- cation; 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 Tele- communications 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 sup- porting 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 Tele- communications Company shall not:

1.        Suspend, disconnect, or terminate telecommunications ser- vice to a Subscriber who disputes any billing charge pursu- ant 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 con- stitute a separate violation of this Article, subject to individual 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).