Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-7 - GAS UTILITIES › Subject 515-7-10 - NATURAL GAS MARKETERS' CUSTOMER ENROLLMENT PROCEDURES › Rule 515-7-10-.06 - Remedies and Sanctions

Current through Rules and Regulations filed through June 27, 2024
(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. §
									46-2-91 any 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. §
									10-1-390 et 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.