§ 64.1511   Forgiveness of charges and refunds.

   (a) Any carrier assigning a telephone number to a provider of interstate
   pay-per-call services or providing transmission for interstate information
   services provided pursuant to a presubscription or comparable arrangement or
   on a collect basis, and providing billing and collection for such services,
   shall  establish  procedures for the handling of subscriber complaints
   regarding  charges  for  those services. A billing carrier is afforded
   discretion to set standards for determining when a subscriber's complaint
   warrants  forgiveness,  refund or credit of interstate pay-per-call or
   information services charges provided that such charges must be forgiven,
   refunded, or credited when a subscriber has complained about such charges
   and either this Commission, the Federal Trade Commission, or a court of
   competent  jurisdiction  has found or the carrier has determined, upon
   investigation, that the service has been offered in violation of federal law
   or the regulations that are either set forth in this subpart or prescribed
   by the Federal Trade Commission pursuant to titles II or III of the TDDRA.
   Carriers shall observe the record retention requirements set forth in § 42.6
   of this chapter except that relevant records shall be retained by carriers
   beyond the requirements of part 42 of this chapter when a complaint is
   pending at the time the specified retention period expires.

   (b) Any carrier assigning a telephone number to a provider of interstate
   pay-per-call services but not providing billing and collection services for
   such services, shall, by tariff or contract, require that the provider
   and/or its billing and collection agents have in place procedures whereby,
   upon complaint, pay-per-call charges may be forgiven, refunded, or credited,
   provided that such charges must be forgiven, refunded, or credited when a
   subscriber has complained about such charges and either this Commission, the
   Federal Trade Commission, or a court of competent jurisdiction has found or
   the carrier has determined, upon investigation, that the service has been
   offered in violation of federal law or the regulations that are either set
   forth in this subpart or prescribed by the Federal Trade Commission pursuant
   to titles II or III of the TDDRA.

   [ 58 FR 44773 , Aug. 25, 1993, as amended at  59 FR 46771 , Sept. 12, 1994]

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