69-3-1305. Telecommunications carrier liability -- penalty for violation. (1) A telecommunications carrier who initiates an unauthorized change in the customer's telecommunications carrier in violation of 69-3-1303 is liable:
     (a) to the customer for all intrastate long-distance charges, interstate long-distance charges, monthly service charges, carrier switching fees, and other relevant charges incurred by the customer during the period of the unauthorized change; and
     (b) to the customer's original telecommunications carrier for all charges related to reinstating service to the customer.
     (2) A telecommunications carrier who purposely or knowingly initiates an unauthorized change of a customer's telecommunications carrier under 69-3-1303 or initiates charges to be billed on a customer's telephone bill for services or products not provided to or authorized by the customer is guilty of a misdemeanor and shall be punished as provided in 46-18-212.
     (3) (a) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that a person has initiated an unauthorized change of a customer's telecommunications carrier or has initiated charges to be billed on a customer's telephone bill for services or products not provided or authorized, the commission may impose for each change or charge made in violation of 69-3-1303, a civil fine not to exceed $1,000 for each violation, which must be deposited in the general fund.
     (b) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that a person has, with a frequency to indicate a general business practice, initiated unauthorized changes of customers' telecommunications carriers or initiated charges to be billed on a customer's telephone bill for services or products not provided or authorized, the commission may notify the secretary of state and the secretary of state shall suspend or revoke any license, registration, or other filing entitling that person to transact business in this state.
     (4) The remedies provided by this section are in addition to any other remedies, including injunctive relief, available by law.

     History: En. Sec. 5, Ch. 325, L. 1997; amd. Sec. 3, Ch. 244, L. 1999.