Informal Dispute Resolution Procedure for Slamming Complaints

(1) Election by Customer of an Informal Procedure for the Resolution of Complaint. For any matter relating to the unauthorized change of a customer's primary IXC or LEC, a customer may file a complaint with the Consumer Division of the Department and elect an informal procedure for the resolution of the complaint. (2) Informal Procedure for the Resolution of Complaints. For any matter relating to the unauthorized change of a customer's primary IXC or LEC, where a customer has elected an informal procedure for the resolution of the complaint, the customer and the IXC or LEC that initiated the change may negotiate mutually acceptable terms upon which the complaint can be resolved. The terms of the customer and initiating carrier negotiated resolution to the complaint must be signed by both parties and filed with the Consumer Division of the Department. If mutually acceptable terms are not identified within 90 days from the customer's election of an informal dispute resolution procedure (or if the Department determines that the filed, negotiated resolution is unacceptable), the complaint will be processed in accordance with the procedures set forth in M.G.L. c. 93, § 110. (3) Civil Penalties. The Department may, in consideration of the nature, circumstances, and gravity of the respondent's conduct, degree of culpability, and history of prior offenses, impose a civil penalty on an IXC or LEC as a condition of an acceptable informal resolution of a complaint.