Ga. Comp. R. & Regs. 515-3-3-.06(B)

Current through Rules and Regulations filed through October 29, 2024
Rule 515-3-3-.06(B) - Rights of the Consumer and Fines for Non-Compliance as Applicable to the Marketer

In the case of a disconnection of service alleged to be in violation of Commission Rule 515-3-3, the consumer shall notify the marketer in an effort to rectify the situation without the need for Commission intervention. A marketer shall use every reasonable means to resolve a customer complaint regarding a disconnection in error in order to prevent it from being brought to the Commission. Should a disconnection in error be the subject of a Commission hearing at which it is found that the marketer was in violation of the Commission rules and failed to use reasonable efforts to resolve the dispute, the Commission shall issue an order directing the marketer to provide the consumer with the appropriate refund, credit or remedy pursuant to this Commission Rule and pay the consumer $100, plus either $5 for each day that the consumer's complaint was not resolved, accruing from the date the Commission notified the marketer it was investigating the dispute, or an amount determined by Order of the Commission. At such a hearing, the marketer shall have the burden of proof to show that it was in compliance with this Commission Rule. In addition to the foregoing sanctions, the Commission also may order a marketer to pay all expenses incurred by the Commission as a result of having a hearing, including, but not be limited to, court reporter transcription charges; hearing officer fees; and an amount of money equal to that which the Commission expended in Staff time in investigating, hearing and adjudicating the complaint; and pay as contemplated in O.C.G.A. 46-2-91 any and all penalties determined by the Commission to be appropriate in light of the circumstances presented.

Ga. Comp. R. & Regs. R. 515-3-3-.06(B)

O.C.G.A. §§ 46-2-30, 46-4-150et seq. (See especially, 46-4-158.1, 46-4-158.2, 46-4-160)

Original Rule entitled "Rights of the Consumer and Fines for Non-Compliance as Applicable to the Marketer" adopted. F. Sept. 3, 2002; eff. Sept. 23, 2002.
Amended: F. Jan. 10, 2003; eff. Jan. 30, 2003.
Amended: F. Aug. 24, 2018; eff. Sept. 13, 2018.