Goto Section: 64.1130 | 64.1150 | Table of Contents
FCC 64.1140
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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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Goto Section: 64.1130 | 64.1150
Goto Year: 2014 |
2016
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