| (iv) the date that action was taken to refund or credit
to the customer any money that the customer paid for the unauthorized
charges; and
(C) not resubmit any unauthorized charge to the billing
telecommunications utility for any past or future period.
(i) Notice of customer rights.
(1) Each notice, as provided under paragraph (2) of
this subsection, must also contain the billing telecommunications
utility's name, address, and a working, toll-free telephone number
for customer contacts.
(2) Every billing telecommunications utility must provide
the following notice, verbatim, to each of the utility's customers:
Attached Graphic
(3) Distribution and timing of notice.
(A) Each billing telecommunications utility must mail
the notice as provided under paragraph (2) of this subsection to each
of its residential and business customers within 60 calendar days
after the effective date of this section, or by inclusion in the next
publication of the utility's telephone directory following 60 calendar
days after the effective date of this section. Each billing telecommunications
utility must send the notice to new customers at the time service
is initiated or upon customer request.
(B) Every telecommunications utility that prints its
own telephone directory must print the notice in the white pages of
the directory, in nine point print or larger, beginning with the first
publication of the directory after 60 calendar days following the
effective date of this section. Subsequently, the notice must appear
in the white pages of each telephone directory published by or for
the telecommunications utility.
(4) Any bill sent to a customer from a telecommunications
utility must include a statement, prominently located on the bill,
that if the customer believes the bill includes unauthorized charges,
the customer may contact: Public Utility Commission of Texas, P.O.
Box 13326, Austin, Texas 78711-3326, (512) 936-7120 or toll-free in
Texas at (888) 782-8477. Hearing and speech-impaired individuals may
contact the commission through Relay Texas at 1-800-735-2989.
(5) Each billing telecommunications utility must, as
necessary to adequately inform the customer, make available to its
customers the notice as set out in paragraph (2) of this subsection
in both plain English and Spanish. The commission may exempt a billing
telecommunications utility from the requirement that the information
be provided in Spanish upon an application showing that:
(A) 10% or fewer of its customers are exclusively Spanish-speaking;
and
(B) a confirmation that the billing telecommunications
utility will notify all customers through an addendum to the notice
that states, in plain English and Spanish, that the information is
available in Spanish from the telecommunications utility, both by
mail and at the utility's offices.
(6) The customer notice requirements in paragraphs
(1) and (2) of this subsection may be combined with the notice requirements
of §26.130(g)(3) of this title if the information required by
each is in the combined notice.
(7) The customer notice requirements in paragraph (4)
of this subsection may be combined with the notice requirements of §26.130(i)(4)
of this title if the information required by each is in the combined
notice.
(j) Complaints to the commission. A customer may file
a complaint with the commission's Consumer Protection Division (CPD)
against a service provider, billing agent or billing telecommunications
utility for any reason related to the provisions of this section.
(1) Customer complaint information. CPD may request,
at a minimum, the following information:
(A) the customer's name, address, and telephone number;
(B) a brief description of the facts of the complaint;
(C) a copy of the customer's and spouse's legal signature;
and
(D) a copy of the most recent phone bill and any prior
phone bill that show the alleged unauthorized product or service.
(2) Service provider's, billing agent's or billing
telecommunications utility's response to complaint. After review of
a customer's complaint, CPD must forward the complaint to the service
provider, billing agent or billing telecommunications utility named
in that complaint. The service provider, billing agent or telecommunications
utility must respond to CPD within 15 calendar days after CPD forwards
the complaint. The response must include, to the extent it is within
the custody or control of the service provider, billing agent or billing
telecommunications utility, the following:
(A) all documentation related to verification of customer
consent used to charge the customer for the product or service; and
(B) all corrective actions taken as required by subsection
(h) of this section, if the customer's consent for the charge for
the product or service was not verified in accordance with subsection
(f) of this section.
(k) Compliance and enforcement.
(1) Records of customer verifications. A service provider,
billing agent or billing telecommunications utility must provide a
copy of records maintained under the requirements of subsections (d)
and (f) of this section to the commission staff within 21 calendar
days of a request for such records.
(2) Records of disputed charges. A billing telecommunications
utility or a service provider must provide a copy of records maintained
under the requirements of subsection (h) of this section to the commission
staff within 21 calendar days of a request for such records.
(3) Failure to provide thorough response. The proof
of verified consent as required under subsection (j)(2)(A) of this
section must establish a verified authorized charge in the manner
prescribed by subsection (f) of this section. Failure to timely submit
a response that addresses the complainant's assertions within the
time specified in subsections (j)(2), (k)(1), and (k)(2) of this section
establishes a violation of this section.
(4) Administrative penalties. If the commission finds
that a billing telecommunications utility has violated any provision
of this section, the commission will order the utility to take corrective
action, as necessary, and the utility may be subject to administrative
penalties and other enforcement actions in accordance with PURA, Chapter
15 and §22.246 of this title (relating to Administrative Penalties).
(5) Evidence. Evidence provided by the customer that
meets the standards established by Texas Government Code §2001.081,
including, one or more affidavits from a customer challenging the
charge, is admissible in a proceeding to enforce the provisions of
this section.
(6) Additional Corrective Action. If the commission
finds that any other service provider or billing agent subject to
PURA, Chapter 17, Subchapter D, or Chapter 64, Subchapter D has violated
any provision of this section or has knowingly provided false information
to the commission on matters subject to PURA, Chapter 17, Subchapter
D, or Chapter 64, Subchapter D, the commission will order the service
provider or billing agent to take corrective action, as appropriate,
and the commission may enforce the provisions of PURA, Chapter 15
and §22.246 of this title, against the service provider or billing
agent as if the service provider or billing agent were regulated by
the commission.
(7) Certificate suspension, restriction or revocation.
If the commission finds that a billing telecommunications utility
or a service provider has repeatedly violated this section and, if
consistent with the public interest, the commission may suspend, restrict,
or revoke the registration or certificate of the telecommunications
service provider denying the service provider the right to provide
service in this state. The commission may not revoke a certificate
of convenience and necessity, certificate of operating authority,
or service provider certificate of operating authority of a telecommunications
utility except as provided by PURA §54.008.
(8) Termination of billing and collection services.
If the commission finds that a service provider or billing agent has
repeatedly violated any provision of PURA, Chapter 17, Subchapter
D, or Chapter 64, Subchapter D, the commission may order the billing
telecommunications utility to terminate billing and collection services
for that service provider or billing agent.
(9) Coordination with Office of Attorney General. The
commission will coordinate its enforcement efforts regarding the prosecution
of fraudulent, unfair, misleading, deceptive, and anticompetitive
business practices with the Office of the Attorney General to ensure
consistent treatment of specific alleged violations.
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