Rule 515-7-10-.06 - Remedies and Sanctions(1) Notwithstanding anything to the contrary that may be contained elsewhere in these rules, any other activity or conduct which is intended to mislead, deceive, confuse or perpetrate a fraud or unfair or deceptive act or practice, including, but not limited to, the inclusion in any customer's bill of unauthorized, misleading or deceptive charges, shall constitute cause for the Commission to invoke the penalties identified in Commission Rule Chapter 515-7-10-.06.(2) In a situation in which a consumer has been subjected by a marketer to conduct alleged to be in violation of one or more provisions of this Commission Rule Chapter, the consumer shall notify the marketer in an effort to rectify the situation without the need for Commission intervention. A marketer shall use every reasonable means to resolve a customer complaint in order to prevent it from being brought to the Commission. If a consumer is unable to arrive at a solution with a marketer regarding such a dispute, the consumer has the right to file a complaint with the Commission. Should a customer enrollment issue be the subject of a Commission hearing at which it is found that the marketer was in violation of one or more of the Commission's rules and failed to use reasonable efforts to resolve the dispute, the Commission shall issue an order directing the marketer to provide the consumer with the appropriate refund, credit or remedy pursuant to this Commission Rule and pay the consumer $100, plus either $5 per day, accruing from the date the Commission notified the marketer it was investigating the dispute, that the consumer's situation was not rectified or an amount determined by Order of the Commission. At such a hearing, the marketer shall have the burden of proof to show that it was in compliance with the Commission's Rules. In addition to the foregoing sanctions, the Commission also may order a marketer to pay all expenses incurred by the agency as a result of having a hearing, including but not limited to, court reporter transcription charges; hearing officer fees; and an amount of money equal to that which the Commission expended in Staff time in investigating, hearing and adjudicating the complaint; and pay as contemplated in O.C.G.A. § 46-2-91any and all penalties determined by the Commission to be appropriate in light of the circumstances presented. For purposes of Rule 515-7-10-.06(2), the term "consumer" shall means any retail purchaser (as that phrase is defined in O.C.G.A. § 46-4-152(15)) of natural gas.(3) The penalties set forth in Commission Rule Chapter 515-7-10-.06 shall be in addition to those contemplated by any other provision of law, including, but not limited to, the "Fair Business Practices Act of 1975" O.C.G.A. § 10-1-390et seq.(4) Each instance in which an employee, representative or agent of a marketer forges a customer's signature on a letter of agency or otherwise falsifies evidence of a customer service change order shall constitute a separate violation of this rule.(5) Any marketer engaging in any abusive marketing and/or telemarketing practices shall be subject to the penalty provisions set forth in Commission Rule Chapter 515-7-10-.06. Abusive marketing and/or telemarketing practices shall include, but not be limited to: (a) Threats, intimidation or the use of obscene language.(b) Causing any telephone to ring or engaging any person in a telephone conversation, repeatedly or continuously with the intent to annoy, abuse or harass any person called at that number.(c) Engaging in outbound telephone calls to a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. local time at the called person's residence, unless such person has consented to such calls prior to their initiation.(6) Any marketer who violates the prohibition set out in 515-7-10-.05(6) shall be required by the Commission to pay such a consumer $1,000.00 for each such prohibited report.(7) The provisions of Commission Rule 515-7-6-.04 shall apply to any disputed charges resulting from an alleged violation of Commission Rule 515-7-10.Ga. Comp. R. & Regs. R. 515-7-10-.06
O.C.G.A. §§ 46-2-30, 46-4-150et seq. (See especially, O.C.G.A. § 46-4-160)
Original Rule entitled "Remedies and Sanctions" adopted. F. Sept. 3, 2002; eff. Sept. 23, 2002.Amended: F. Oct. 4, 2018; eff. Oct. 24, 2018.