SECTION 165:56-11-1.5. Absolution procedures where the end-user has not paid charges

(a)   Applicability. This Section shall only apply after an end-user has determined that an unauthorized change, as defined by 165:56-1-4, has occurred and the end-user has not paid charges to the allegedly unauthorized carrier for service provided for 30 days, or a portion thereof, after the unauthorized change occurred.

(b)   Removal of charges for the first 30 days. An allegedly unauthorized carrier shall remove all charges incurred for service provided during the first 30 days after the alleged unauthorized change occurred, as defined by 165:56-1-4, from an end-user's bill upon notification that such unauthorized change is alleged to have occurred.

(c)   Challenging an end-user's allegation of unauthorized charges. An allegedly unauthorized carrier may challenge an end-user's allegation that an unauthorized change, as defined by 165:56-1-4, occurred. An allegedly unauthorized carrier choosing to challenge such allegation shall immediately notify the complaining end-user that:

(1)   The complaining end-user must file a complaint with the Commission within 30 days of either:

(A)   The date of removal of charges from the complaining end-user's bill in accordance with (b) of this Section or

(B)   The date the allegedly unauthorized carrier notifies the complaining end-user of the requirements of this Section, whichever is later; and

(2)   A failure to file such a complaint within this 30-day time period will result in the charges removed pursuant to (b) of this Section being reinstated on the end-user's bill and, consequently, the complaining end-users will only be entitled to remedies for the alleged unauthorized change other than those provided for in 165:56-11-1.3(b)(1). No allegedly unauthorized carrier shall reinstate charges to an end-user's bill pursuant to the provisions of this Section without first providing such end-user with a reasonable opportunity to demonstrate that the requisite complaint was timely filed within the 30-day period described in this Section.

(d)   Procedure if thirty (30) days or fewer of unauthorized charges were incurred. If the Commission determines after reasonable investigation that an unauthorized change, as defined by 165:56-1-4, has occurred, the Consumer Services Division of the Commission shall issue a factual determination stating that the end-user is entitled to absolution from the charges incurred during the first 30 days after the unauthorized carrier change occurred, and neither the authorized or unauthorized carrier may pursue any collection against the end-user for those charges.

(e)   Procedure if more than thirty (30) days of unauthorized charges were incurred. If the end-user has incurred charges for more than 30 days after the unauthorized carrier change, the unauthorized carrier must forward the billing information for such services to the authorized carrier, which may bill the end-user for such services using either of the following means:

(1)   The amount of the charge may be determined by a re-rating of the services provided based on what the authorized carrier would have charged the end-user for the same services had an unauthorized change, as described in 165:56-1-4, not occurred; or

(2)   The amount of the charge may be determined using a 50% Proxy Rate as follows: Upon receipt of billing information from the unauthorized carrier, the authorized carrier may bill the end-user for 50% of the rate the unauthorized carrier would have charged the end-user for the services provided. However, the end-user shall have the right to reject use of this 50% proxy method and require that the authorized carrier perform a re-rating of the services provided, as described in (e)(1) of this Section.

(f)   End-user payments for services provided after the first thirty (30) days. If the unauthorized carrier received payment from the end-user for services provided after the first 30 days after the unauthorized change occurred, the obligations for payments and refunds provided for in 165:56-11-1.5 shall apply to those payments.

(g)   Re-billing. If the Commission determines after reasonable investigation that the carrier change was authorized, the carrier may re-bill the end-user for charges incurred.

[Source: Added at 18 Ok Reg 2437, eff 7-1-01]