§  64.1140   Carrier liability for slamming.

   (a) Carrier Liability for Charges. Any submitting telecommunications
   carrier that fails to comply with the procedures prescribed in this
   part shall be liable to the subscriber's properly authorized carrier in
   an amount equal to 150% of all charges paid to the submitting
   telecommunications carrier by such subscriber after such violation, as
   well as for additional amounts as prescribed in §  64.1170. The remedies
   provided in this part are in addition to any other remedies available
   by law.

   (b) Subscriber Liability for Charges. Any subscriber whose selection of
   telecommunications services provider is changed without authorization
   verified in accordance with the procedures set for in this part is
   liable for charges as follows:

   (1) If the subscriber has not already paid charges to the unauthorized
   carrier, the subscriber is absolved of liability for charges imposed by
   the unauthorized carrier for service provided during the first 30 days
   after the unauthorized change. Upon being informed by a subscriber that
   an unauthorized change has occurred, the authorized carrier, the
   unauthorized carrier, or the executing carrier shall inform the
   subscriber of this 30-day absolution period. Any charges imposed by the
   unauthorized carrier on the subscriber for service provided after this
   30-day period shall be paid by the subscriber to the authorized carrier
   at the rates the subscriber was paying to the authorized carrier at the
   time of the unauthorized change in accordance with the provisions of
   §  64.1160(e).

   (2) If the subscriber has already paid charges to the unauthorized
   carrier, and the authorized carrier receives payment from the
   unauthorized carrier as provided for in paragraph (a) of this section,
   the authorized carrier shall refund or credit to the subscriber any
   amounts determined in accordance with the provisions of §  64.1170(c).

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

   [ 65 FR 47691 , Aug. 3, 2000]

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