Okla. Admin. Code § 165:56-11-1.3

Current through Vol. 42, No. 7, December 16, 2024

Section 165:56-11-1.3 - Carrier liability for slamming

(a)Carrier liability for charges. Any submitting telecommunications carrier that fails to comply with the procedures prescribed in Part 1 of this Subchapter shall be liable to the end-user's properly authorized carrier in an amount equal to 150% of all charges paid to the submitting telecommunications carrier by such end-user after such violation, as well as for additional amounts as prescribed in 165:56-11-1.6. The remedies provided in Part 1 of this Subchapter are in addition to any other remedies available by law.

(b)End-user liability for charges. Any end-user whose selection of telecommunications services provider is changed without authorization verified in accordance with the procedures set in Part 1 of this Subchapter is liable for charges as follows:

(1) If the end-user has not already paid charges to the unauthorized carrier, the end-user is absolved of liability for charges imposed by the unauthorized carrier for service provided during the first 30 days after the unauthorized change. Upon being informed by an end-user that an unauthorized change has occurred, the authorized carrier, the unauthorized carrier, or the executing carrier shall inform the end-user of this 30-day absolution period. Any charges imposed by the unauthorized carrier on the end-user for service provided after this 30-day period shall be paid by the end-user to the authorized carrier at the rates the end-user was paying to the authorized carrier at the time of the unauthorized change in accordance with the provisions of 165:56-11-1.5(e).

(2) If the end-user has already paid charges to the unauthorized carrier, and the authorized carrier receives payment from the unauthorized carrier as provided for in 165:56-11-1.2(a), the authorized carrier shall refund or credit to the end-user any amounts determined in accordance with the provisions of 165:56-11-1.5(c).

(3) If the end-user has been absolved of liability as prescribed by this Section, the unauthorized carrier shall also be liable to the end-user for any charge required to return the end-user to his or her properly authorized carrier, if applicable.

Okla. Admin. Code § 165:56-11-1.3

Added at 18 Ok Reg 2437, eff 7-1-01