Rule 515-7-10-.03 - Retention of Records; Mandatory Disclosures That Must Be Made to a Customer When a Change in Marketer Is Requested(1) All letters of agency, copies of enrollment materials, recordings or other evidence that a consumer either newly established or initiated a change in service shall be maintained by a marketer for at least nine (9) months from the date on which the customer's service began. Failure to maintain such records shall constitute prima facie evidence that consent from the customer was not obtained to establish or switch service.(2) Any telemarketing or direct mail solicitations or confirmation cards sent on behalf of a marketer seeking to change a customer's service must include the following disclosures: (a) Identification of the marketer soliciting the change;(b) A statement that the purpose of the call or confirmation card is to solicit a change of the customer's commodity sales service or distribution service;(c) A declaration that the customer's service cannot be changed unless and until confirmation of the requested change is received in accordance with these rules; and(d) A description of any charge(s) that may be imposed on a customer by any party for processing any change(s) in the customer's service.(3) A request for information by a customer shall not be considered a request for a change of marketer. A confirmation card, as described herein, requiring the customer to deny or cancel a service order, shall not be sent out with any information package related to a customer's request for information.(4) A record of the marketer and consumer's agreement to the consumer preferred method of communication shall be kept by the marketer for at least nine (9) months from the date of such communication, unless the consumer preferred method of communication is mail. If a consumer has not designated a preferred method of communication, the default method of communication shall be mail. Failure to maintain such records shall constitute prima-facie evidence that the customer did not consent to such form of communication as their preferred.(5) A record of the communications between the consumer and the marketer through the consumer's preferred method of communication shall be maintained by the marketer for at least nine (9) months from the date of such communications. Failure to maintain such records shall constitute prima-facie evidence that those communications never took place.Ga. Comp. R. & Regs. R. 515-7-10-.03
O.C.G.A. §§ 46-2-30, 46-4-150et seq. (See especially, O.C.G.A. § 46-4-160)
Original Rule entitled "Retention of Records; Mandatory Disclosures That Must Be Made to a Customer When a Change in Marketer Is Requested" adopted. F. Sept. 3, 2002; eff. Sept. 23, 2002.Amended: F. Oct. 4, 2018; eff. Oct. 24, 2018.