ALJ/JJJ/eap * Mailed 7/1/2002
Decision 02-06-073 June 27, 2002
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Investigation into TALK AMERICA, INC., formerly Talk.com Holding Corporation, formerly Tel-Save, Inc. (U-5289-C and U-5335-C) to determine whether it has violated the laws, rules, and regulations governing the manner in which California subscribers are switched from one presubscribed carrier to another. |
Investigation 01-08-003 (Filed August 2, 2001) |
OPINION APPROVING SETTLEMENT AGREEMENT
I. Summary
In this decision, we approve a settlement agreement entered into between the Commission's Consumer Services Division (CSD) and Talk America, Inc. (Talk or Respondent).1 Under the agreement, Talk will make various payments totaling $1 million. Of this sum, $ 374,800 is for consumer restitution, and $625,200 constitutes a fine and related expenses for distributing the restitution to eligible customers. Talk also admits to certain violations of the Public Utilities Code.
Applying the standards of Rule 51.1(e) of the Commission's Rules of Practice and Procedure (Rules), we find the settlement agreement is reasonable in light of the whole record, consistent with the law and in the public interest. We will therefore approve it.
1 Talk was also formerly known as Talk.com Holding Corp. and Tele-Save, Inc. The settlement agreement was filed on March 22, 2002, and is attached hereto as Appendix A. Also attached to the motion and settlement agreement are: (1) an unsigned copy of the fee agreement between Talk and the Settlement Claims Administrator which, according to § 2.1 of the proposed settlement, Talk will finalize no later than 10 days after the Commission issues its decision approving the settlement; and (2) the Settlement Claims Administration Plan. These two documents are attached to this decision as Appendices B and C, respectively.
