§ 64.1511   Forgiveness of charges and refunds.

   (a) Any carrier assigning a telephone number to a provider of
   interstate pay-per-call services or providing transmission for
   interstate information services provided pursuant to a presubscription
   or comparable arrangement or on a collect basis, and providing billing
   and collection for such services, shall establish procedures for the
   handling of subscriber complaints regarding charges for those services.
   A billing carrier is afforded discretion to set standards for
   determining when a subscriber's complaint warrants forgiveness, refund
   or credit of interstate pay-per-call or information services charges
   provided that such charges must be forgiven, refunded, or credited when
   a subscriber has complained about such charges and either this
   Commission, the Federal Trade Commission, or a court of competent
   jurisdiction has found or the carrier has determined, upon
   investigation, that the service has been offered in violation of
   federal law or the regulations that are either set forth in this
   subpart or prescribed by the Federal Trade Commission pursuant to
   titles II or III of the TDDRA. Carriers shall observe the record
   retention requirements set forth in § 42.6 of this chapter except that
   relevant records shall be retained by carriers beyond the requirements
   of part 42 of this chapter when a complaint is pending at the time the
   specified retention period expires.

   (b) Any carrier assigning a telephone number to a provider of
   interstate pay-per-call services but not providing billing and
   collection services for such services, shall, by tariff or contract,
   require that the provider and/or its billing and collection agents have
   in place procedures whereby, upon complaint, pay-per-call charges may
   be forgiven, refunded, or credited, provided that such charges must be
   forgiven, refunded, or credited when a subscriber has complained about
   such charges and either this Commission, the Federal Trade Commission,
   or a court of competent jurisdiction has found or the carrier has
   determined, upon investigation, that the service has been offered in
   violation of federal law or the regulations that are either set forth
   in this subpart or prescribed by the Federal Trade Commission pursuant
   to titles II or III of the TDDRA.

   [ 58 FR 44773 , Aug. 25, 1993, as amended at  59 FR 46771 , Sept. 12, 1994]

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