S.D. Admin. R. 20:10:34:07
A telecommunications company which initiates a telecommunications company change without authorization from the subscriber shall issue to the subscriber a full credit or refund of the entire amount of the subscriber's telephone charges which are attributable to telecommunications services from the unauthorized telecommunications company. A telecommunications company which initiates a telecommunications company change without authorization from the subscriber is liable for any charges from another telecommunications company to re-establish service or to change the subscriber's pre-subscribed company. The appropriate credit or refund must be issued within a period not to exceed 60 days from the date it is determined that the change was unauthorized.
In addition, the telecommunications company which initiates a telecommunications company change without proper authorization shall pay the subscriber the amount required by SDCL 49-31-93 regardless of whether the subscriber has contacted the commission. Failure of the telecommunications company to pay the subscriber for an unauthorized change may result in a civil fine as authorized by SDCL 49-31-94. If there is a dispute as to whether the change was properly authorized, the subscriber or telecommunications company may request a hearing before the commission pursuant to SDCL chapter 1-26.
S.D. Admin. R. 20:10:34:07
General Authority: SDCL 49-31-89.
Law Implemented: SDCL 49-31-89, 49-31-93, 49-31-94.