20:10:34:11. Refund or credit of unauthorized charges -- Payment for unauthorized charge -- Opportunity for hearing. A telecommunications company which initiates billing for a product or service without authorization from the subscriber shall issue to the subscriber a full credit or refund of the entire amount of the unauthorized charges. The credit or refund must be issued within a period not to exceed 60 days from the date it is determined that the charge was unauthorized.
In addition, the telecommunications company shall pay the subscriber the amount required by SDCL 49-31-93 regardless of whether the subscriber has contacted the commission. Failure of the telecommunications company to pay the subscriber for an unauthorized charge may result in a civil fine as authorized by SDCL 49-31-94. If there is a dispute as to whether the charge was authorized, the subscriber or telecommunications company may request a hearing before the commission pursuant to SDCL chapter 1-26.
Source: 25 SDR 89, effective December 27, 1998; 25 SDR 167, effective July 1, 1999.
General Authority:SDCL 49-31-89.
