69-3-1305. Unauthorized change in 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 or any other entity who purposely or knowingly initiates an unauthorized change of a customer's telecommunications carrier under 69-3-1303 or this section is guilty of a misdemeanor and upon conviction 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 any entity has initiated an unauthorized change of a customer's telecommunications carrier, the commission may impose for each change 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 an entity has, with a frequency to indicate a general business practice, initiated unauthorized changes of customers' telecommunications carriers, the commission may take any of the following actions:
     (i) notify the secretary of state, who shall then suspend or revoke any license, registration, or other filing entitling that entity to transact business in this state;
     (ii) prohibit any billing aggregator from billing charges on behalf of the carrier or other entity determined to have engaged in a pattern of violations;
     (iii) prohibit a billing agent that bills directly for the carrier or other entity determined to have engaged in a pattern of violations from billing charges on behalf of that carrier or other entity;
     (iv) revoke the registration of a service provider or billing aggregator; or
     (v) limit the prohibitions under this subsection (3)(b) to a specific period of time. A prohibition under this subsection (3)(b) may be withdrawn upon a showing of good cause.
     (4) The commission shall provide adequate time for a billing agent that is prohibited from billing on behalf of a carrier or other entity under this section to terminate a contractual agreement with that carrier or other entity.
     (5) 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; amd. Sec. 4, Ch. 249, L. 2003.