52 Pa. Code § 64.23 - Standardizing LEC responses to customer contacts alleging unauthorized charges added to the customer's bill (cramming) and unauthorized changes to the customer's long distance carrier (slamming)
(a)
Cramming. Upon contact
from a customer alleging that cramming has occurred on the bill rendered to the
customer by the LEC, the LEC shall do the following:
(1) Identify the charges, and clarify that
the customer's complaint is that the customer did not authorize the charges or
order or use the services or products associated with the charges.
(2) Inform the customer that the charges will
be removed from the LEC bill and that basic local service cannot be
disconnected for failure to pay cramming charges.
(3) Inform the customer that the LEC will
instruct the billing agent or service provider, or both, to take the steps
necessary to prevent further billing of those charges or types of charges to
the customer's account.
(4) Inform
the customer that removal of the charges from the LEC bill does not guarantee
that the service provider or its billing agent will not use other collection
remedies, including direct billing of the removed charges or use of a
collection agency.
(5) Provide
notice of a customer's right to pursue a complaint. To customers who indicate a
desire to receive complaint disclosure information, the LEC shall provide
information about how to pursue the complaint against the service provider or
billing agent by contacting the Bureau of Consumer Protection, (800) 441-2555,
of the Pennsylvania Office of Attorney General, the Federal Communications
Commission (FCC), and the Federal Trade Commission.
(6) Maintain for a minimum of 3 years records
of all customer complaints of cramming in order to monitor adherence to the
terms of the billing contract the LEC has with the service provider or billing
agent, or both, relating to cancellation of the contract for excessive cramming
complaints.
(b)
Slamming. Upon contact from a customer alleging that slamming
has occurred on one or both of the past two bills rendered to the customer by
the LEC, regardless of dates of charges, the LEC shall do the following:
(1) Identify the name of the alleged
unauthorized service provider, isolate the charge, and clarify that the
customer's complaint is that the customer did not authorize the switch to that
particular service provider.
(2)
Offer to restore the customer's account, at no charge, to the service provider
the customer had received service from prior to the unauthorized switch, and
inform the customer of the option to request that a safeguard be placed on the
customer's account to prevent the LEC from processing a service provider
request for a switch without the LEC obtaining express consent from the
customer, consistent with FCC rules or procedures for lifting preferred carrier
freezes.
(3) Inform the customer
that the isolated charges will be removed from the LEC bill.
(4) Inform the customer that the LEC will
instruct the service provider or billing agent, or both, to take the steps
necessary to prevent further billing to the customer's account.
(5) Inform the customer that removal of the
charges from the LEC bill does not guarantee that the service provider or its
billing agent will not use other collection remedies, including direct billing
of the charges or use of a collection agency.
(6) Provide notice of a customer's right to
pursue a complaint against the service provider or billing agent and, to
customers who indicate a desire to receive complaint disclosure information,
information about how to pursue a complaint against the service provider or
billing agent, or both, by contacting the FCC, the Commission or the Bureau of
Consumer Protection, (800) 441-2555, of the Office of Attorney
General.
(7) Maintain for a minimum
of 3 years records of all customer allegations of slamming.
Notes
The provisions of this § 64.23 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504-506, 1301 and 1501.
This section cited in 52 Pa. Code § 63.309 (relating to acquiring LSP provisions and obligations).
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