3. Restitution And Eligible Consumers
3.1. Within TEN (10) Days after signing this Settlement, Respondents at their own expense shall provide CSD (if not already so provided) in computer readable form as directed by CSD, the names and BTNs of all Eligible Consumers (excluding Eligible Consumers received by CSD from CAB), arranged in separate computer files according to the LEC provisioning the Eligible Consumers (e.g., PacBell or GTE). CSD shall forward this data to the appropriate LEC and request therefrom that the name and current mailing address for each such BTN be provided CSD within TEN (10) Days after the date of such request. After receiving the LECs' responses, CSD shall provide the Companies with a copy thereof and submit the Eligible Consumers' names and mailing addresses to the Settlement Claims Administrator in accordance with Paragraph 3.2. The Companies and CSD hereby acknowledge the following: Pursuant to this Paragraph in or about November 2000, the Companies provided CSD with the Eligible Consumers data described above. In or about December 2000, CSD submitted such Eligible Consumers' data to appropriate LECs which subsequently provided CSD with names and mailing addresses for the Eligible Consumers. On or about January 16, 2001, CSD provided the Companies with a copy of such Eligible Consumers names and mailing addresses, which the Settlement Claims Administrator shall also receive pursuant to Paragraph 3.2.
3.2. Within TEN (10) Days or less after the date of the Commission decision adopting this Settlement, CSD will forward the Eligible Consumers' names and mailing addresses to the Settlement Claims Administrator for the processing and mailing of Restitution Checks to Eligible Consumers.
3.3. The LEC may invoice Respondents for the tariffed cost of finding mailing addresses for the BTNs provided by CSD according to Paragraph 3.1. Respondents agree to pay such invoice on a timely basis according to the terms of the LEC invoice.
3.4. Within TWENTY-ONE (21) Days after receipt of CSD's delivery of data pursuant to Paragraph 3.1, the Settlement Claims Administrator shall mail each Eligible Consumer a Restitution Check drawn on the Restitution Account and a CSD written explanation for the Restitution Check, a copy of which is hereto attached as Exhibit A. Respondents shall have an opportunity to comment upon the explanation before this Settlement is filed. Each Restitution Check shall be made payable to the Eligible Consumer in an amount as determined according to Paragraph 3.5 below. Each Restitution Check shall be dated as of the date of mailing and contain an expiration date of NINETY (90) Days following the date of the Restitution Check. If the Eligible Consumer fails to cash or deposit it within the NINETY (90) Day period, the Restitution Check shall become void and canceled by the Settlement Claims Administrator. The Restitution Checks shall be sent via USPS by first class mail with the return address of the Settlement Claims Administrator included.
3.5. The Parties agree that full restitution of each Eligible Consumer will consist of each Eligible Consumer receiving a Restitution Check in an amount to be calculated as follows. The total amount of restitution of ONE HUNDRED FIFTY-TWO THOUSAND DOLLARS and NO CENTS ($ 152,000.00), as provided for in Paragraphs 2.1 and 2.2, shall be divided by the total of Eligible Consumers. The Parties agree that the total Eligible Consumers is approximately. 6,020.16 The Parties understand and agree that the above stated number of Eligible Consumers may vary because of miscoding, unavailable mailing addresses, duplications, or other circumstance unforeseen at this time.
3.6. For each check that is mailed but returned as undeliverable for whatever reason or has expired, the Settlement Claims Administrator shall cancel the check and remit an amount corresponding to the total sum of monies represented by the Restitution Checks that were undeliverable, canceled, or expired, to the Commission on the date and in the manner prescribed by Paragraphs 5.1 et seq., below.
3.7. Within TEN (10) days after the date of issuance of the Commission decision adopting this Settlement, the Companies will notify in writing their Billing Agent and facilities-based providers (e.g., TS and WorldCom) to immediately cease all billing, collection, or any other demand for payment by any Eligible Consumer of telephone billings, service fees, and/or balances resulting from any alleged unauthorized switching of the consumer's toll or long-distance provider.
3.8. As of the end of the Transition Period, the Companies will direct in writing the appropriate bill collection services or credit reporting bureaus or agencies to reverse, cancel, and/or purge any of their records pertaining to an Eligible Consumer's nonpayment of past or present outstanding debts owed to the Companies and attributable to any alleged unauthorized switching of the Eligible Consumer's toll or long-distance provider. The Companies will copy CSD with such written communication at the same time it is mailed or delivered according to this Paragraph.
