Section 64.6130 - [Effective on indefinitely delayed date ] Protection of consumer funds in inactive accounts(a) All funds deposited into an IPCS Account shall remain the property of the account holder unless or until the funds are either:(1) Used to pay for products or services purchased by the account holder or the Incarcerated Person for whose benefit the account was established;(2) Disposed of in accordance with a Controlling Judicial or Administrative Mandate; or(3) Disposed of in accordance with applicable state law, including, but not limited to, laws governing unclaimed property.(b) No Provider may dispose of unused funds in an IPCS Account until at least 180 calendar days of continuous account inactivity have passed, or at the end of any longer, alternative period set by state law, except as provided in paragraphs (a) and (d) of this section or through a refund to the IPCS Account holder or such other individual as the account holder may have designated to receive a refund.(c) The 180-day period, or any longer alternative period set by state law, must be continuous. Any of the following actions by the IPCS Account holder or the Incarcerated Person for whose benefit the account was established ends the period of inactivity and restarts the 180-day period:(1) Depositing, crediting, or otherwise adding funds to an IPCS Account;(2) Withdrawing, spending, debiting, transferring, or otherwise removing funds from an IPCS Account; or(3) Expressing an interest in retaining, receiving, or transferring the funds in an IPCS Account, or otherwise attempting to exert or exerting ownership or control over the account or the funds held within the IPCS Account.(d) After 180 days of continuous account inactivity have passed, or at the end of any longer alternative period set by state law, the Provider must:(1) Contact the account holder prior to closing the account and refunding the remaining balance to determine whether the account holder wishes to continue using the IPCS Account, or to close it and obtain a refund; and(2) Make reasonable efforts to refund the balance in the IPCS Account to the account holder or such other person as the account holder has specified. Reasonable efforts include, but are not limited to:(i) Notification to the account holder that the account has been deemed inactive;(ii) The collection of contact information needed to process the refund; and(iii) Timely responses to inquiries from an account holder.(e) If a Provider's reasonable efforts to refund the balance of the IPCS Account fail, the Provider must dispose of remaining funds in accordance with applicable state consumer protection law concerning unclaimed funds or the disposition of such accounts.(f) If a Provider becomes aware that an Incarcerated Person has been released or transferred, the 180-day inactivity period shall be deemed to have run and the Provider shall begin processing a refund in accordance with this section. The Provider shall contact the account holder prior to closing the IPCS Account and refunding the remaining balance in the IPCS Account, to determine whether the account holder wishes to continue using the IPCS Account, or to close it and obtain a refund from the Provider.(g) Any refund made pursuant to this section must include the entire balance of the IPCS Account, including any deductions the Provider may have made in anticipation of taxes or other charges that it assessed when funds were deposited and that were not actually incurred. The Provider shall not impose any fees or charges for processing the refund.(h) Any refund made pursuant to this section shall be issued within 30 calendar days of the IPCS Account being deemed inactive or within 30 calendar days of a request for a refund from an account holder or other such individual as the account holder may have specified to receive a refund.(i) In the absence of a Consumer's request for a refund, the requirement to provide a refund in accordance with this section shall not apply where the balance in an inactive IPCS Account is $1.50 or less. To the extent a Provider is unable to issue a refund requested by a Consumer, the Provider shall treat such balances consistent with applicable state consumer protection law concerning unclaimed funds or the disposition of such accounts.(j) Providers shall issue refunds required pursuant to this section through: (1) The IPCS Account holder's original form of payment;(2) An electronic transfer to a bank account;(k) Providers shall clearly, accurately, and conspicuously disclose to IPCS Account holders, through their Billing Statements or Statements of Account, notice of the status of IPCS Accounts prior to their being deemed inactive. (1) This notice shall initially be provided at least 60 calendar days prior to an IPCS Account being deemed inactive.(2) The notice shall be included in each Billing Statement or Statement of Account the Provider sends, or makes available to, the account holder until the IPCS Account holder takes one of the actions sufficient to restart the 180-day period in paragraph (c) of this section or the IPCS Account becomes inactive pursuant to this section.(3) All notices provided pursuant to this paragraph shall describe how the IPCS Account holder can keep the IPCS Account active and how the IPCS Account holder may update the refund information associated with the IPCS Account. 87 FR 75515 , Dec. 9, 2022 89 FR 77367 , 11/19/2024; 89 FR 77367 , effective date to be determined