Okla. Admin. Code § 165:55-19-1.3

Current through Vol. 41, No. 19, June 17, 2024

Section 165:55-19-1.3 - Carrier liability for slamming

(a)Carrier liability for charges. Any submitting telecommunications carrier that fails to comply with the procedures prescribed in Part 1 of this Subchapter shall be liable to the end-user's properly authorized carrier in an amount equal to one-hundred and fifty percent (150%) of all charges paid to the submitting telecommunications carrier by such end-user after such violation, as well as for additional amounts as prescribed in 165:55-19-1.6. The remedies provided in Part 1 of this Subchapter are in addition to any other remedies available by law.

(b)End-user liability for charges. Any end-user whose selection of telecommunications services provider is changed without authorization verified in accordance with the procedures set forth in Part 1 of this Subchapter is liable for charges as follows:

(1) If the end-user has not already paid charges to the unauthorized carrier, the end-user is absolved of liability for charges imposed by the unauthorized carrier for service provided during the first thirty (30) days after the unauthorized change. Upon being informed by an end-user that an unauthorized change has occurred, the authorized carrier, the unauthorized carrier, or the executing carrier shall inform the end-user of this thirty (30) day absolution period. Any charges imposed by the unauthorized carrier on the end-user for service provided after this thirty (30) day period shall be paid by the end-user to the authorized carrier at the rates the end-user was paying to the authorized carrier at the time of the unauthorized change in accordance with the provisions of 165:55-19-1.5(e).

(2) If the end-user has already paid charges to the unauthorized carrier, and the authorized carrier receives payment from the unauthorized carrier as provided for in 165:55-19-1.2(a), the authorized carrier shall refund or credit to the end-user any amounts determined in accordance with the provisions of 165:55-19-1.6(c).

(3) If the end-user has been absolved of liability as prescribed by this Section, the unauthorized carrier shall also be liable to the end-user for any charge required to return the end-user to his or her properly authorized carrier, if applicable.

Okla. Admin. Code § 165:55-19-1.3

Added at 18 Ok Reg 2415, eff 7-1-01

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015