Section R14-2-2008. Informal Complaint Process

A.      A Subscriber may file an informal complaint within 90 days of receiving notice of an Unauthorized Charge, or, thereafter, upon a showing of good cause. The complaint shall be submit- ted to the Commission Staff in writing, telephonically or via electronic transmission, and shall include:

1.        Complainant’s name, address, telephone number;

2.        The name of the Telecommunications Company that sub- mitted the alleged Unauthorized Charge;

3.        The approximate date of the alleged Unauthorized Charge;

4.        A statement of facts, and documentation, to support the complainant’s allegation;

5.        The amount of any disputed charges including the amount already paid; and

6.        The specific relief sought.

B.       The Commission Staff shall:

1.        Assist the parties in resolving the complaint;

2.        Notify the Telecommunications Company of the alleged Unauthorized Charge;

3.        Require the Telecommunications Company to provide an initial response within five business days of receipt of notice from the Commission;

4.        Require the Telecommunications Company to provide documentation of the Subscriber’s new service or product request. If such information is not provided to the Staff within 10 business days of the initial Staff notification, Staff shall presume than an Unauthorized Charge occurred;

5.        Advise the Telecommunications Company that it shall provide Staff any additional information requested within 10 business days of Staff’s request; and

6.        Inform the Telecommunications Company that failure to provide the requested information or a good faith response to Commission Staff within 15 business days shall be deemed an admission to the allegations contained

within the request and the Telecommunications Company shall be deemed in violation of the applicable provisions of this Article.

C.      If the parties do not resolve the matter, the Staff will conduct a review of the informal complaint and  related materials to determine if an Unauthorized Charge has occurred, which review shall be completed within 30 days of the Staff’s receipt of the informal complaint.

D.      Upon conclusion of its review, Staff shall render a written summary of its findings and recommendation to all parties. Staff’s written summary is not binding on any party. Any party shall have the right to file a formal complaint with the Com- mission under A.R.S. § 40-246. Staff’s written summary shall not be admissible in the formal complaint proceeding.

Historical Note

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

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