G. Complaint Procedures

(1) Subscriber questions and complaints concerning non-communications-related charges should be addressed to the billing telephone company, which is responsible for resolving them. The telephone bill must include a prominently displayed toll-free customer service number for this purpose. The toll-free number must be adequately staffed by personnel with sufficient training and authority to answer questions, investigate complaints, and adjust bills in favor of subscribers when appropriate. Complaints regarding non-communications charges should be handled separately from customer service for telecommunications service.

[Comment: Telephone corporations' primary obligation to provide adequate customer service as a telecommunications provider (see the Telecommunications Customer Service Act of 1993, codified at Sections 2895-2897), and the Commission's responsibility to monitor the quality of that customer service, require separation of these two different customer service obligations.]

(2) Billing telephone companies shall promptly investigate subscribers' complaints of unauthorized charges. Within 30 days of receiving a complaint of an unauthorized charge unrelated to the subscriber's telephone service, the billing telephone company must acknowledge, in writing, receipt of the complaint, and must verify authorization or remove the disputed charge. Billing telephone companies must also acknowledge, in writing, receipt of other types of complaints related to non-communications charges within 30 days, and resolve such complaints within 60 days.

[Comment: These rules are meant to be consistent both with Section 2890 and with federal regulations governing credit card transactions, which may be applicable as well in some cases. See 15 U.S.C. 1666(a)(3)(A),(B) and 12 C.F.R. 226.13(c)(1),(2).]

(3) While the investigation is pending, the subscriber shall not be required to pay the disputed charge, no late charges or penalties may be applied, the charge will not be sent to collection, and no adverse credit report will be made based on non-payment of that charge.

(4) The billing telephone company will notify the subscriber in writing of the result of its investigation. If the vendor has failed to provide proof of authorization within the time allowed, the billing telephone company will credit the charge to the subscriber. If the billing telephone company has obtained proof of authorization within the time allowed, it may require payment of the charge within 30 days of sending written notice to the subscriber. If, however, the subscriber alleges that the authorization provided was fraudulent, or the billing telephone company has reason to believe it was fraudulent based on other information, the billing telephone company has an obligation to investigate further. An authorization is fraudulent if it is inauthentic (not given by the subscriber) or obtained from the subscriber based on false or misleading information.

(5) If the subscriber alleges that a non-communications charge is improper because the subscriber had not "opted in," i.e., consented to the inclusion of non-communications charges on the telephone bill (see Rule D(1)), or had revoked such authorization, the billing telephone company bears the burden of proving that it had a valid general authorization from the subscriber at the time the particular charge was authorized.

(6) A subscriber dissatisfied with the billing telephone company's resolution of the complaint may file an informal complaint with the Commission's Consumer Affairs Branch (CAB) within 30 days of the date the billing telephone company's written notice to the subscriber. Consumers who believe they have been crammed may also notify the District Attorney's Office in their county or the Attorney General's Office.

(7) Pending CAB's investigation, the subscriber's obligation to pay the disputed charge is stayed.

(8) If CAB obtains proof of proper authorization, CAB will so inform the subscriber and the billing telephone company in writing. Within 30 days of such a notice, the subscriber must pay the disputed charge. If the subscriber believes CAB's conclusion was in error, the subscriber may file a formal complaint with the Commission. The filing of a formal complaint does not, however, stay the subscriber's obligation to pay the disputed charge.

(9) If CAB is unable to obtain proof of proper authorization, it will ask the billing telephone company, in writing, to remove the charge. If the billing telephone company fails to remove the charge, the subscriber may file a formal complaint with the Commission. CAB may refer the case to the Commission's Consumer Services Division or to other law enforcement agencies for further investigation.

(10) Nothing in these rules precludes a subscriber that has been the victim of cramming, misleading advertising, or other unfair business practice from pursuing other legal remedies and obtaining relief that the subscriber may be entitled to under state or federal law.