SECTION 165:56-11-1.6. Reimbursement procedures where the end-user has paid charges

(a)   Applicability. The procedures in 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 paid charges to an allegedly unauthorized carrier.

(b)   Order requirements.

(1)   If the Consumer Services Division of the Commission determines after reasonable investigation that an unauthorized change, as defined by 165:56-1-4, has occurred, it shall issue a factual determination requiring the unauthorized carrier to forward to the authorized carrier the following:

(A)   An amount equal to 150% of all charges paid by the end-user to the unauthorized carrier; and

(B)   Copies of any telephone bills issued from the unauthorized carrier to the end-user.

(2)   This factual determination shall be sent to the end-user, the unauthorized carrier, and the authorized carrier.

(c)   End-user refund or credit by authorized carrier if payment is received. Within ten days of receipt of the amount provided for in this Section, the authorized carrier shall provide a refund or credit to the end-user in the amount of 50% of all charges paid by the end-user to the unauthorized carrier. The end-user has the option of asking the authorized carrier to re-rate the unauthorized carrier's charges based on the rates of the authorized carrier and, on behalf of the end-user, seek an additional refund from the unauthorized carrier, to the extent that the re-rated amount exceeds the 50% of all charges paid by the end-user to the unauthorized carrier. The authorized carrier shall also send notice to the Commission that it has given a refund or credit to the end-user.

(d)   Billing and collection charges. If an authorized carrier incurs billing and collection expenses in collecting charges from the unauthorized carrier, the unauthorized carrier shall reimburse the authorized carrier for reasonable expenses.

(e)   End-user refund or credit by authorized carrier if payment is not received. If the authorized carrier has not received payment from the unauthorized carrier as required by (c) of this Section, the authorized carrier is not required to provide any refund or credit to the end-user. The authorized carrier must, within 45 days of receiving a factual determination as described in (b) of this Section, inform the end-user and the Commission if the unauthorized carrier has failed to forward to it the appropriate charges, and also inform the end-user of his or her right to pursue a claim against the unauthorized carrier for a refund of all charges paid to the unauthorized carrier.

(f)   Reinstatement into programs. Where possible, the properly authorized carrier must reinstate the end-user in any premium program in which that end-user was enrolled prior to the unauthorized change, if the end-user's participation in that program was terminated because of the unauthorized change. If the end-user has paid charges to the unauthorized carrier, the properly authorized carrier shall also provide or restore to the end-user any premiums to which the end-user would have been entitled had the unauthorized change not occurred. The authorized carrier must comply with the requirements of this Section regardless of whether it is able to recover from the unauthorized carrier any charges that were paid by the end-user.

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