N.J. Admin. Code § 14:10-11.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 14:10-11.11 - Determination of penalties within statutory ranges

(a) Each violation as it relates to each separate access line shall be a separate and distinct violation, for which a separate penalty may be assessed. For example, if a customer has two telephone lines, and a TSP improperly switches the customer's primary TSP for long distance service on both lines, the TSP is liable for two violations. Similarly, if a customer has one telephone line, and a TSP switches both intraLATA and long distance service improperly on that telephone line, the TSP is liable for two violations.

(b) The Board may, in its discretion, adjust a penalty determined in accordance with this section, on the basis of one or more of the following factors:

1. The nature, circumstances and gravity of the violation, including the individual and cumulative effect on customers;

2. The degree of the TSP's culpability;

3. Any history or pattern of prior violations;

4. The prospective effect of the penalty on the ability of the TSP to conduct business;

5. Any good faith effort on the part of the TSP in attempting to achieve compliance;

6. The TSP's ability to pay the penalty; and/or

7. Any other factors the Board determines to be appropriate.

(c) The rights, remedies, and prohibitions accorded the Board under this chapter are in addition to and cumulative of any right, remedy or prohibition accorded by the common law or any statute of this State. Nothing in this subchapter shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition.

(d) Neither P.L. 1998, c. 82, nor this subchapter, shall be construed in any way to limit the authority and power of the Attorney General and the Division of Consumer Affairs in the Department of Law and Public Safety to enforce any other sections of the Consumer Fraud Act, P.L. 1960, c. 39 (N.J.S.A. 56:8-1 et seq.) or any other applicable law, rule or regulation in connection with the activities of telecommunications service providers, even if such activities involve slamming. Nothing in this subchapter shall be construed in any way to abrogate a customer's private right of action, pursuant to N.J.S.A. 56:8-19.

N.J. Admin. Code § 14:10-11.11

New rule, recodified in part from N.J.A.C. 14:10-11.9 and amended by R.2007 d.276, effective 9/17/2007.
See: 38 N.J.R. 3250(a), 39 N.J.R. 3953(a).
Section was "Scope of Authority". Rewrote the section.