N.M. Admin. Code § 17.11.16.28 - REFUND OF DEPOSITS
A. Upon
discontinuance of service, or when a customer establishes credit by other
means, a carrier shall promptly refund any deposit, plus accrued interest, or
the balance of a deposit, if any, in excess of the unpaid bills for intrastate
or wireless services furnished by the carrier. A transfer of service from one
location to another within the area served by a carrier shall not be deemed a
discontinuance of service if the character of the service remains
unchanged.
B. When a deposit, plus
accrued interest, is applied to the liquidation of unpaid bills, a carrier
shall mail, or otherwise deliver to the customer, a statement showing the
amount of the original deposit, plus any accrued interest, the amount of unpaid
bills, plus any interest, liquidated by the deposit, and the balance remaining
due either to the customer or the carrier.
C. A carrier shall annually review accounts
of customers with deposits and, unless the carrier has obtained sufficient
factual information to determine that a customer is an unsatisfactory credit
risk based upon the criteria prescribed in
17.11.16.24 NMAC, the carrier
shall promptly refund a customer's deposit, plus accrued interest, upon
satisfactory payment of all proper charges for twelve (12) consecutive months.
A carrier may, at its option, refund a deposit plus accrued interest in whole
or in part at an earlier time.
D. A
carrier shall pay any balance due a customer within thirty (30) calendar days
after service is discontinued and the carrier has rendered a final bill,
without demand or notice from the customer.
E. When a carrier is unable to refund a
deposit on the first attempt, the carrier shall continue its efforts to refund
the deposit.
F. When a carrier
refunds a deposit, it shall, upon customer request, render to the depositor a
statement showing the amount of the deposit, the period the deposit was held,
and the amount of interest accrued.
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