65- 407 C.M.R. ch. 297, § 5

Current through 2024-25, June 19, 2024

Section 407-297-5 - COMPLAINT PROCEDURES

A. Procedures to be Followed by Billing Agents Upon Customer Notice of Complaint.

1. Suspension of Collection Efforts. If a customer of a billing agent notifies the billing agent that an unauthorized charge has been included in the customer's telephone bill, the billing agent shall:

a. Immediately suspend collection efforts on that portion of the customer's bill; and

b. Either cease collection efforts entirely with regard to the disputed charge or request evidence from the service provider that the customer authorized the service for which payment is sought.

2. Evidence of Customer Authorization. If the billing agent ceases collection efforts or sufficient evidence of customer authorization is not presented to the billing agent within 30 days of a request for such information by the billing agent, the billing agent shall:

a. Immediately remove any charges associated with the unauthorized service; and

b. Refund to the customer any amounts paid for the unauthorized service that were billed by the billing agent during the 6 months prior to the customer's complaint or during any longer period in which the customer can prove the customer was billed by the billing agent for unauthorized services. For purposes of this subsection, proof of being billed by a billing agent includes, but is not limited to, the possession of past bills issued by the billing agent that contain the unauthorized charges.

B. Reinstitution of Charges.If sufficient evidence of customer authorization is provided to the billing agent (as provided by Section 2(B) of this Rule), the billing agent may restore the charges on the customer's bill and reinstitute collection efforts.

C. Notice to Customers. In situations where a billing agent makes a determination that results in a charge being restored to a customer's bill, the billing agent must include a notice to the customer that includes the following information:

1. The billing agent has decided that sufficient evidence of customer authorization for the disputed charge exists and that the charge is being restored to the customer's bill;

2. The customer has the right to appeal the billing agent's decision to the Commission's Consumer Assistance Division (CAD); and

3. The CAD's toll free number, mailing address, and email address.

D. Appeal Procedures. The customer or the service provider may appeal the billing agent's determination regarding the sufficiency of the customer's authorization to the Commission's Consumer Assistance Division. The appeal will be handled as a complaint to the Consumer Assistance Division; however, the appeal will not be counted as a complaint against the billing agent.

65- 407 C.M.R. ch. 297, § 5