Sec.  64.1140   Carrier liability for slamming.

   (a) Carrier Liability for Charges. Any submitting telecommunications carrier
   that fails to comply with the procedures prescribed in this part shall be
   liable to the subscriber's properly authorized carrier in an amount equal to
   150% of all charges paid to the submitting telecommunications carrier by
   such subscriber after such violation, as well as for additional amounts as
   prescribed in  Sec. 64.1170. The remedies provided in this part are in addition
   to any other remedies available by law.

   (b) Subscriber Liability for Charges. Any subscriber whose selection of
   telecommunications  services provider is changed without authorization
   verified in accordance with the procedures set for in this part is liable
   for charges as follows:

   (1) If the subscriber has not already paid charges to the unauthorized
   carrier, the subscriber is absolved of liability for charges imposed by the
   unauthorized carrier for service provided during the first 30 days after the
   unauthorized  change.  Upon  being  informed  by  a subscriber that an
   unauthorized change has occurred, the authorized carrier, the unauthorized
   carrier, or the executing carrier shall inform the subscriber of this 30-day
   absolution period. Any charges imposed by the unauthorized carrier on the
   subscriber for service provided after this 30–day period shall be paid by
   the subscriber to the authorized carrier at the rates the subscriber was
   paying to the authorized carrier at the time of the unauthorized change in
   accordance with the provisions of  Sec. 64.1160(e).

   (2) If the subscriber has already paid charges to the unauthorized carrier,
   and the authorized carrier receives payment from the unauthorized carrier as
   provided for in paragraph (a) of this section, the authorized carrier shall
   refund or credit to the subscriber any amounts determined in accordance with
   the provisions of  Sec. 64.1170(c).

   (3) If the subscriber has been absolved of liability as prescribed by this
   section, the unauthorized carrier shall also be liable to the subscriber for
   any  charge  required  to return the subscriber to his or her properly
   authorized carrier, if applicable.

   [ 65 FR 47691 , Aug. 3, 2000]