N.M. Admin. Code § 17.11.8.13 - PAYMENT OF DISPUTED CHARGES

A. After receipt of notification by a customer or the Commission Staff of a disputed charge or change in provider listed on a customer's bill, no provider, billing agent or local exchange company may require the customer to pay any portion of a disputed charge or any charge or fee related to a disputed charge or change in provider until the customer's authorization of the disputed charge or change in provider has been established in an investigation conducted pursuant to these rules. The local exchange company or any other person that serves as the billing agent shall not allocate any portion of a customer's payment to a disputed charge or change in provider until customer authorization of the disputed charge or change in provider has been verified in accordance with these rules.

B. After receipt of notification by a customer or the Commission Staff of a disputed charge or change in provider listed on a customer's bill, no provider or local exchange company may disconnect or threaten to disconnect a customer's local exchange service because the customer refuses to pay charges resulting from the disputed charge or change in provider until the customer's authorization of the disputed charge or change in provider has been established in an investigation conducted pursuant to these rules.

C. After investigation of a customer complaint concerning any disputed charge or change in provider, if the Commission Staff makes a final determination that such charge or change in provider was not authorized in accordance with these rules, the provider originating the unauthorized charge or change in service provider shall, as applicable:

(1) within 30 days refund the full amount of any unauthorized charges paid by the customer;

(2) within 30 days remove any unauthorized charges from the customer's bill;

(3) promptly restore the customer's service to the authorized provider; and

(4) promptly credit any amounts paid by the customer to the authorized provider.

D. Any charges or fees for deletion of an unauthorized charge or restoration of service to the authorized provider, and any other costs, fees, or charges of any kind imposed or required as a result of any unauthorized charge or change in provider shall be paid by the provider responsible for originating the unauthorized charge or change in provider.

E. After investigating any disputed charge or change in provider, if the Commission or Staff determines that such charge or change in provider was authorized by the customer in accordance with these rules, Staff shall promptly notify the customer and the provider originating such charge or change in provider of its determination, and the provider or billing agent may resume billing the customer for any such charge or change in provider authorized by the customer.

F. Customer Absolution-- If the Commission or Staff determines that a disputed charge or change in provider was not authorized by the customer, the customer shall be absolved of all liability for any and all such unauthorized charges or change in provider during the first 90 days after the unauthorized charge or change in provider first appeared on the customer's bill.

G. Notwithstanding any other provision of these rules, if a customer has failed to report an unauthorized charge or change in provider and as a result has incurred or paid charges or fees in excess of the initial 90 day period from when that charge or change in provider first appeared on the customer's bill, the Commission may determine whether the customer should be held liable for any portion of such charge or change in provider incurred or paid beyond the initial 90 day period, provided that in no event shall a customer be held liable for any charges or fees related to an unauthorized change in provider beyond the initial 90 day absolution period which is in excess of the amount of any such charges or fees the customer would have been liable for to the customer's authorized provider.

H. In the event that the Commission or Staff makes a final determination that a customer should be liable for any portion of an unauthorized charge or change in provider beyond the initial 90 day absolution period provided for in these rules, the authorized provider or the local exchange company or other billing agent may attempt to collect any credited amounts of such charges or fees from the unauthorized provider. If the authorized provider, local exchange company or billing agent is unable to reach an agreement with the unauthorized provider as to the correct amount of such credited payments to be collected from the unauthorized provider, it may submit a complaint requesting a determination to the Commission, along with sufficient information to enable the Commission to make a determination on the appropriate amount of any such payments or credits.

Notes

N.M. Admin. Code § 17.11.8.13

8-16-99; Recompiled 12/31/01