N.M. Admin. Code § 17.11.16.28

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.11.16.28 - REFUND OF DEPOSITS

A. Upon discontinuance of service, or when a customer establishes credit by other means, a carrier shall promptly refund any deposit, plus accrued interest, or the balance of a deposit, if any, in excess of the unpaid bills for intrastate or wireless services furnished by the carrier. A transfer of service from one location to another within the area served by a carrier shall not be deemed a discontinuance of service if the character of the service remains unchanged.

B. When a deposit, plus accrued interest, is applied to the liquidation of unpaid bills, a carrier shall mail, or otherwise deliver to the customer, a statement showing the amount of the original deposit, plus any accrued interest, the amount of unpaid bills, plus any interest, liquidated by the deposit, and the balance remaining due either to the customer or the carrier.

C. A carrier shall annually review accounts of customers with deposits and, unless the carrier has obtained sufficient factual information to determine that a customer is an unsatisfactory credit risk based upon the criteria prescribed in 17.11.16.24 NMAC, the carrier shall promptly refund a customer's deposit, plus accrued interest, upon satisfactory payment of all proper charges for twelve (12) consecutive months. A carrier may, at its option, refund a deposit plus accrued interest in whole or in part at an earlier time.

D. A carrier shall pay any balance due a customer within thirty (30) calendar days after service is discontinued and the carrier has rendered a final bill, without demand or notice from the customer.

E. When a carrier is unable to refund a deposit on the first attempt, the carrier shall continue its efforts to refund the deposit.

F. When a carrier refunds a deposit, it shall, upon customer request, render to the depositor a statement showing the amount of the deposit, the period the deposit was held, and the amount of interest accrued.

N.M. Admin. Code § 17.11.16.28

17.11.16.28 NMAC - Rp, 17.11.16.27 NMAC, 2-1-06