Rule 515-7-6-.04 - Consumer Rights and Remedies(a) In the event that a customer is not billed in compliance with Commission Rule 515-7-6-.02(a), the marketer shall allow the customer a reasonable period of time to pay the charges that were not timely billed. Such reasonable period of time shall not be less than the period of time following the actual monthly meter reading or date of the estimated reading, if applicable, and the date the bill was sent to the customer. During this period of time, the marketer shall not charge or accrue any interest or late charges or penalties, shall not undertake collection efforts, shall not report the consumer to a credit reporting agency, and shall not disconnect gas service to the customer based on such amount. At the customer's request, the marketer shall allow the customer the option to pay the amount due in equal monthly increments.(b) Unless a longer period of time is required under Commission Rule 515-7-6-.04(a), customers who receive bills that undercharge or fail to charge for legitimate services shall be given at least 90 days from the date a correct bill is rendered to pay the correct amount and no late charges or interest may be charged on the corrected amount during said 90-day payment period. During this period of time, the marketer shall not charge or accrue any interest or late charges or penalties, shall not undertake collection efforts, shall not report the consumer to a credit reporting agency, and shall not disconnect gas service to the customer based on the corrected amount.(c) In the event a marketer fails to comply with Commission Rule Chapter 515-7-6, such marketer shall promptly and in good faith resolve any customer complaints resulting from such non-compliance.(d) In any case where there is a dispute between a marketer and a retail customer concerning the amount of a gas bill, the marketer shall be required to confer by telephone or some other verifiable means with the retail customer in an attempt to resolve such dispute. In case of any such dispute the marketer shall be prohibited from reporting the name of a retail customer to any consumer reporting agency as defined in Section 603(f) of the federal Fair Credit Reporting Act until the marketer has conferred with the retail customer and has complied in all respects with all applicable provisions of this article and the rules and regulations of the commission or has obtained a judgment against the retail customer.(e) Whenever a marketer discovers or has called to its attention a billing error or other mistake reported to or acknowledged by the marketer, the marketer shall have thirty (30) days to correct the billing error from the date said error is reported to or acknowledged by the marketer. If the marketer does not correct the billing error, the burden of proof shall be on the marketer to show why the bill is correct. During the period the billing error is being disputed, the marketer shall neither impose a late fee or penalty on the disputed amount nor initiate an action to disconnect the customer's service or collect on the past due balance, if the disputed amount constitutes the total amount of the past due balance.(f)(1) In a situation in which a consumer has received a bill alleged to be in violation of one or more provisions of this Commission Rule, the consumer shall notify the marketer in an effort to rectify the situation without the need for agency Commission intervention. A marketer shall use every reasonable means to resolve a customer complaint regarding a billing issue in order to prevent it from being brought to the Commission.(2) If a consumer is unable to arrive at a solution with a marketer regarding a billing dispute, the consumer has the right to file a complaint with the Commission. Should a billing issue be the subject of a Commission hearing at which it is found that the marketer was in violation of one or more of the Commission's billing 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 per day, accruing from the date the Commission notified the marketer it was investigating the dispute, that the consumer's billing situation was not rectified 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 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. 46-2-91any and all penalties determined by the Commission to be appropriate in light of the circumstances presented.Ga. Comp. R. & Regs. R. 515-7-6-.04
O.C.G.A. §§ 46-2-30, 46-2-91, 46-4-150et seq. (See especially, O.C.G.A. §§ 46-4-153, 46-4-160).
Original Rule entitled "Consumer Rights and Remedies" adopted. F. Jan. 5, 2001; eff. Jan. 25, 2001.Amended: F. Feb. 22, 2002; eff. Mar. 14, 2002.Amended: F. Sept. 3, 2002; eff. Sept. 23, 2002.Amended: F. June 8, 2018; eff. June 28, 2018.