As Passed by the House 1 123rd General Assembly 4 Regular Session Sub. H. B. No. 177 5 1999-2000 6 REPRESENTATIVES GOODMAN-MEAD-TIBERI-OLMAN-ROMAN-TAYLOR-SCHULER- 8 METZGER-BRITTON-KRUPINSKI-SULLIVAN-DAMSCHRODER-VAN VYVEN- 9 JONES-ALLEN-BOYD-PADGETT-OPFER-CORE-JOLIVETTE-TERWILLEGER- 10 NETZLEY-GARDNER-BUCHY-THOMAS-O'BRIEN-CALLENDER-FLANNERY- 11 GRENDELL-TRAKAS-DePIERO-HARRIS-CATES-BARRETT-BENDER-PRINGLE- 12 PATTON-CORBIN-JERSE-EVANS-WINKLER-AUSTRIA-MYERS-HOOPS-VERICH- 13 HARTNETT-OGG-HARTLEY-BUEHRER-SCHURING-KREBS-SULZER-AMSTUTZ- 14 CAREY-BRADING-HAINES-CLANCY-VESPER-GOODING-FERDERBER-CALVERT- 15 HOLLISTER-REDFERN-YOUNG-GERBERRY-SALERNO-ASLANIDES-SUTTON- 16 HOUSEHOLDER-D. MILLER-STAPLETON-KILBANE-ROBERTS 17 _________________________________________________________________ 19 A B I L L To amend sections 1345.01, 1345.02, 1345.99, and 21 4905.99 and to enact sections 1345.18 to 1345.20 22 and 4905.72 to 4905.74 of the Revised Code to prohibit any person from switching a consumer's 23 provider of natural gas or public 24 telecommunications service without first obtaining the consumer's verified consent, and to 25 provide various remedies and penalties for 26 violations. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28 Section 1. That sections 1345.01, 1345.02, 1345.99, and 30 4905.99 be amended and sections 1345.18, 1345.19, 1345.20, 31 4905.72, 4905.73, and 4905.74 of the Revised Code be enacted to 32 read as follows: Sec. 1345.01. As used in sections 1345.01 to 1345.13 of 41 the Revised Code: 42 (A) "Consumer transaction" means a sale, lease, 44 2 assignment, award by chance, or other transfer of an item of 45 goods, a service, a franchise, or an intangible, to an individual 46 for purposes that are primarily personal, family, or household, 47 or solicitation to supply any of these things. "Consumer 48 transaction" does not include transactions between persons, 49 defined in sections 4905.03 and 5725.01 of the Revised Code, and 50 their customers; transactions between certified public 51 accountants or public accountants and their clients; transactions 52 between attorneys, physicians, or dentists and their clients or 53 patients; and transactions between veterinarians and their 54 patients that pertain to medical treatment but not ancillary 55 services. 56 (B) "Person" includes an individual, corporation, 58 government, governmental subdivision or agency, business trust, 59 estate, trust, partnership, association, cooperative, or other 60 legal entity. 61 (C) "Supplier" means a seller, lessor, assignor, 63 franchisor, or other person engaged in the business of effecting 64 or soliciting consumer transactions, whether or notheTHE PERSON 66 deals directly with the consumer. (D) "Consumer" means a person who engages in a consumer 68 transaction with a supplier. 69 (E) "Knowledge" means actual awareness, but such actual 71 awareness may be inferred where objective manifestations indicate 72 that the individual involved acted with such awareness. 73 (F) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 75 EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 76 (G) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 78 TRANSMISSION BY ELECTROMAGNETIC OR OTHER MEANS, OTHER THAN BY A 80 TELEPHONE COMPANY AS DEFINED IN SECTION 4927.01 OF THE REVISED CODE, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 82 DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING. 84 "PUBLIC TELECOMMUNICATIONS SERVICE" EXCLUDES A SYSTEM, INCLUDING 85 ITS CONSTRUCTION, MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 86 3 TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 87 ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 88 PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 89 RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 91 TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 92 STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 93 SERVICE. Sec. 1345.02. (A) No supplier shall commit an unfair or 102 deceptive act or practice in connection with a consumer 103 transaction. Such an unfair or deceptive act or practice by a 104 supplier violates this section whether it occurs before, during, 105 or after the transaction. 106 (B) Without limiting the scope of division (A) of this 108 section, the act or practice of a supplier in representing any of 109 the following is deceptive: 110 (1) That the subject of a consumer transaction has 112 sponsorship, approval, performance characteristics, accessories, 113 uses, or benefits that it does not have; 114 (2) That the subject of a consumer transaction is of a 116 particular standard, quality, grade, style, prescription, or 117 model, if it is not; 118 (3) That the subject of a consumer transaction is new, or 120 unused, if it is not; 121 (4) That the subject of a consumer transaction is 123 available to the consumer for a reason that does not exist; 124 (5) That the subject of a consumer transaction has been 126 supplied in accordance with a previous representation, if it has 127 not, except that the act of a supplier in furnishing similar 128 merchandise of equal or greater value as a good faith substitute 129 does not violate this section; 130 (6) That the subject of a consumer transaction will be 132 supplied in greater quantity than the supplier intends; 133 (7) That replacement or repair is needed, if it is not; 135 4 (8) That a specific price advantage exists, if it does 137 not; 138 (9) That the supplier has a sponsorship, approval, or 140 affiliation thatheTHE SUPPLIER does not have; 141 (10) That a consumer transaction involves or does not 143 involve a warranty, a disclaimer of warranties or other rights, 144 remedies, or obligations if the representation is false. 145 (C) In construing division (A) of this section, the court 147 shall give due consideration and great weight to federal trade 148 commission orders, trade regulation rules and guides, and the 149 federal courts' interpretations of subsection 45 (a)(1) of the 150 "Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A. 151 41, as amended. 152 (D) No supplier shall offer to a consumer or represent 154 that a consumer will receive a rebate, discount, or other benefit 155 as an inducement for entering into a consumer transaction in 156 return for giving the supplier the names of prospective 157 consumers, or otherwise helping the supplier to enter into other 158 consumer transactions, if earning the benefit is contingent upon 159 an event occurring after the consumer enters into the 160 transaction. 161 (E)(1) NO SUPPLIER, IN CONNECTION WITH A CONSUMER 163 TRANSACTION INVOLVING NATURAL GAS SERVICE OR PUBLIC 165 TELECOMMUNICATIONS SERVICE TO A CONSUMER IN THIS STATE, SHALL 168 REQUEST OR SUBMIT, OR CAUSE TO BE REQUESTED OR SUBMITTED, A CHANGE IN THE CONSUMER'S PROVIDER OF NATURAL GAS SERVICE OR 170 PUBLIC TELECOMMUNICATIONS SERVICE, WITHOUT FIRST OBTAINING, OR 171 CAUSING TO BE OBTAINED, THE VERIFIED CONSENT OF THE CONSUMER. 172 FOR THE PURPOSE OF THIS DIVISION AND WITH RESPECT TO PUBLIC 174 TELECOMMUNICATIONS SERVICE ONLY, THE PROCEDURES NECESSARY FOR 175 VERIFYING THE CONSENT OF A CONSUMER SHALL BE THOSE PRESCRIBED BY 176 RULE BY THE PUBLIC UTILITIES COMMISSION FOR PUBLIC TELECOMMUNICATIONS SERVICE UNDER DIVISION (D) OF SECTION 4905.72 177 OF THE REVISED CODE. ALSO, FOR THE PURPOSE OF THIS DIVISION, THE 180 5 ACT, OMISSION, OR FAILURE OF ANY OFFICER, AGENT, OR OTHER 181 INDIVIDUAL, ACTING FOR OR EMPLOYED BY ANOTHER PERSON, WHILE 182 ACTING WITHIN THE SCOPE OF THAT AUTHORITY OR EMPLOYMENT, IS THE 183 ACT OR FAILURE OF THAT OTHER PERSON. 184 (2) THE ATTORNEY GENERAL MAY INITIATE CRIMINAL PROCEEDINGS 186 FOR A PROSECUTION UNDER DIVISION (B) OF SECTION 1345.99 OF THE 188 REVISED CODE BY PRESENTING EVIDENCE OF CRIMINAL VIOLATIONS TO THE 189 PROSECUTING ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE MAY BE 190 PROSECUTED. IF THE PROSECUTING ATTORNEY DOES NOT PROSECUTE THE 191 VIOLATIONS, OR AT THE REQUEST OF THE PROSECUTING ATTORNEY, THE 192 ATTORNEY GENERAL MAY PROCEED IN THE PROSECUTION WITH ALL THE 193 RIGHTS, PRIVILEGES, AND POWERS CONFERRED BY LAW ON PROSECUTING 194 ATTORNEYS, INCLUDING THE POWER TO APPEAR BEFORE GRAND JURIES AND 195 TO INTERROGATE WITNESSES BEFORE GRAND JURIES. 196 Sec. 1345.18. (A) AS USED IN THIS SECTION: 198 (1) "CONSUMER," "PERSON," AND "SUPPLIER" HAVE THE SAME 200 MEANINGS AS IN SECTION 1345.01 OF THE REVISED CODE. 201 (2) "CONSUMER TRANSACTION" HAS THE SAME MEANING AS IN 203 SECTION 1345.01 OF THE REVISED CODE EXCEPT THAT THE SALE, LEASE, 204 ASSIGNMENT, AWARD BY CHANCE, OR OTHER TRANSFER OF AN ITEM OF 205 GOODS, A SERVICE, A FRANCHISE, OR AN INTANGIBLE, OR SOLICITATION 206 TO SUPPLY ANY OF THOSE THINGS, TO AN INDIVIDUAL IS FOR PURPOSES 207 THAT ARE PRIMARILY OTHER THAN PERSONAL, FAMILY, OR HOUSEHOLD. 208 (3) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 210 EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 211 (4) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 213 TRANSMISSION BY ELECTROMAGNETIC OR OTHER MEANS, OTHER THAN BY A 215 TELEPHONE COMPANY AS DEFINED IN SECTION 4927.01 OF THE REVISED CODE, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 217 DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING. 219 "PUBLIC TELECOMMUNICATIONS SERVICE" EXCLUDES A SYSTEM, INCLUDING 220 ITS CONSTRUCTION, MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 221 TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 222 ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 223 6 PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 224 RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 226 TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 227 STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 228 SERVICE. (B) NO SUPPLIER, IN CONNECTION WITH A CONSUMER TRANSACTION 230 INVOLVING NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS 232 SERVICE TO A CONSUMER IN THIS STATE, SHALL REQUEST OR SUBMIT, OR 233 CAUSE TO BE REQUESTED OR SUBMITTED, A CHANGE IN THE CONSUMER'S 234 PROVIDER OF NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS 235 SERVICE, WITHOUT FIRST OBTAINING, OR CAUSING TO BE OBTAINED, THE 236 VERIFIED CONSENT OF THE CONSUMER. FOR THE PURPOSE OF THIS 237 DIVISION AND WITH RESPECT TO PUBLIC TELECOMMUNICATIONS SERVICE 240 ONLY, THE PROCEDURES NECESSARY FOR VERIFYING THE CONSENT OF A 241 CONSUMER SHALL BE THOSE PRESCRIBED BY RULE BY THE PUBLIC 242 UTILITIES COMMISSION FOR PUBLIC TELECOMMUNICATIONS SERVICE UNDER 243 DIVISION (D) OF SECTION 4905.72 OF THE REVISED CODE. ALSO, FOR 244 THE PURPOSE OF THIS DIVISION, THE ACT, OMISSION, OR FAILURE OF 245 ANY OFFICER, AGENT, OR OTHER INDIVIDUAL, ACTING FOR OR EMPLOYED 246 BY ANOTHER PERSON, WHILE ACTING WITHIN THE SCOPE OF THAT 247 AUTHORITY OR EMPLOYMENT, IS THE ACT OR FAILURE OF THAT OTHER 248 PERSON. Sec. 1345.19. (A) THE COURTS OF COMMON PLEAS, AND 250 MUNICIPAL OR COUNTY COURTS WITHIN THEIR RESPECTIVE JURISDICTIONS, 251 HAVE JURISDICTION OVER ANY SUPPLIER WITH RESPECT TO A VIOLATION 252 OF SECTION 1345.18 OF THE REVISED CODE OR ANY CLAIM ARISING FROM 253 A CONSUMER TRANSACTION SUBJECT TO THAT SECTION. 255 (B) THE POWER, REMEDIES, FORFEITURES, AND PENALTIES 257 PROVIDED BY SECTIONS 1345.18 TO 1345.20 AND DIVISION (B) OF 258 SECTION 1345.99 OF THE REVISED CODE ARE IN ADDITION TO ANY OTHER 259 POWER, REMEDY, FORFEITURE, OR PENALTY PROVIDED BY LAW. 260 Sec. 1345.20. (A) AN AGGRIEVED CONSUMER MAY BRING AN 262 ACTION FOR A DECLARATORY JUDGMENT, AN INJUNCTION, OR OTHER 263 7 APPROPRIATE RELIEF AGAINST A SUPPLIER THAT IS VIOLATING OR HAS 264 VIOLATED SECTION 1345.18 OF THE REVISED CODE. THE COURT MAY 265 ISSUE ANY ORDER OR ENTER A JUDGMENT AS NECESSARY TO ENSURE 267 COMPLIANCE WITH SECTION 1345.18 OF THE REVISED CODE OR PREVENT 268 ANY ACT OR PRACTICE THAT VIOLATES THAT SECTION. IN ADDITION, 270 UPON A PREPONDERANCE OF THE EVIDENCE, THE COURT: 271 (1) SHALL ISSUE AN ORDER PROVIDING FOR ALL OF THE 273 FOLLOWING: (a) RESCINDING THE AGGRIEVED CONSUMER'S CHANGE IN SERVICE 275 PROVIDER; 276 (b) REQUIRING THE SUPPLIER TO ABSOLVE THE AGGRIEVED 278 CONSUMER OF ANY LIABILITY FOR ANY CHARGES ASSESSED THE CONSUMER, 280 OR REFUND TO THE AGGRIEVED CONSUMER ANY CHARGES COLLECTED FROM 281 THE CONSUMER, BY THE SUPPLIER DURING SUCH PERIOD, AFTER THE 282 VIOLATION OCCURRED, THAT IS DETERMINED REASONABLE BY THE COURT; 283 (c) REQUIRING THE SUPPLIER TO REFUND OR PAY TO THE 285 AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE 286 CONSUMER RESULTING FROM THE CHANGE OF THE CONSUMER'S SERVICE 287 PROVIDER OR PROVIDERS, OR FROM THE RESUMPTION OF THE CONSUMER'S 288 SERVICE WITH THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE 289 CONSUMER WAS SWITCHED; (d) REQUIRING THE SUPPLIER TO MAKE THE CONSUMER WHOLE 291 REGARDING ANY BONUSES OR BENEFITS, SUCH AS AIRLINE MILEAGE OR 293 PRODUCT DISCOUNTS, TO WHICH THE CONSUMER IS ENTITLED, BY 294 RESTORING BONUSES OR BENEFITS THE CONSUMER LOST AS A RESULT OF 295 THE VIOLATION AND PROVIDING BONUSES OR BENEFITS THE CONSUMER 296 WOULD HAVE EARNED IF NOT FOR THE VIOLATION, OR BY PROVIDING 297 SOMETHING OF EQUAL VALUE. 298 (2) MAY ISSUE AN ORDER PROVIDING FOR ANY OF THE FOLLOWING: 300 (a) REQUIRING THE SUPPLIER TO COMPLY OR UNDERTAKE ANY 302 NECESSARY CORRECTIVE ACTION; 303 (b) ASSESSING UPON THE SUPPLIER FORFEITURES OF NOT MORE 305 THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION. 306 HOWEVER, IF THE PREPONDERANCE OF THE EVIDENCE SHOWS THAT THE 307 8 SUPPLIER HAS ENGAGED OR IS ENGAGING IN A PATTERN OR PRACTICE OF 308 COMMITTING ANY SUCH VIOLATIONS, THE COURT MAY ASSESS UPON THE 309 SUPPLIER FORFEITURES OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR 310 EACH DAY OF EACH VIOLATION. UPON COLLECTION, ONE-HALF OF ANY 311 SUCH FORFEITURE ASSESSED UNDER THIS DIVISION SHALL BE PAID TO THE 312 TREASURER OF THE COUNTY IN WHICH THE ACTION WAS BROUGHT AND 313 ONE-HALF SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF 314 THE GENERAL REVENUE FUND. (B) UPON A FINDING IN AN ACTION UNDER DIVISION (A) OF THIS 317 SECTION THAT A SUPPLIER IS VIOLATING OR HAS VIOLATED SECTION 318 1345.18 OF THE REVISED CODE, A SERVICE PROVIDER OR PROVIDERS OF 319 NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE FROM 320 WHOM THE AGGRIEVED CONSUMER WAS SWITCHED MAY BRING AN ACTION 322 SEEKING THE RELIEF AUTHORIZED BY THIS DIVISION. UPON THE FILING 323 OF SUCH ACTION, THE COURT MAY ISSUE AN ORDER PROVIDING FOR EITHER 324 OF THE FOLLOWING: 325 (1) REQUIRING THE SUPPLIER TO COMPENSATE THE SERVICE 327 PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 328 SWITCHED IN THE AMOUNT OF ALL CHARGES THE CONSUMER WOULD HAVE 329 PAID THAT PARTICULAR SERVICE PROVIDER FOR THE SAME OR COMPARABLE 330 SERVICE HAD THE VIOLATION OR FAILURE TO COMPLY NOT OCCURRED; 331 (2) REQUIRING THE SUPPLIER TO COMPENSATE THE SERVICE 333 PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 334 SWITCHED FOR ANY COSTS THAT THE PARTICULAR SERVICE PROVIDER 335 INCURS AS A RESULT OF MAKING THE CONSUMER WHOLE AS PROVIDED IN 336 DIVISION (A)(1)(d) OF THIS SECTION OR OF EFFECTING THE RESUMPTION 338 OF THE CONSUMER'S SERVICE. (C) NO ACTION MAY BE BROUGHT UNDER DIVISION (A) OF THIS 340 SECTION TO RECOVER FOR A TRANSACTION MORE THAN TWO YEARS AFTER 342 THE OCCURRENCE OF A VIOLATION. NO ACTION MAY BE BROUGHT UNDER 343 DIVISION (B) OF THIS SECTION MORE THAN ONE YEAR AFTER THE DATE ON 344 WHICH A RULING IN AN ACTION BROUGHT UNDER DIVISION (A) OF THIS 345 SECTION WAS RENDERED. Sec. 1345.99. (A) Whoever violates section 1345.23 or 354 9 1345.24 of the Revised Code is guilty of a minor misdemeanor. 356 (B) Whoever violates division (D) of section 1345.76 of 359 the Revised Code shall be fined not more than one thousand dollars. (C) WHOEVER KNOWINGLY VIOLATES DIVISION (E) OF SECTION 361 1345.02 OR KNOWINGLY VIOLATES SECTION 1345.18 OF THE REVISED CODE 363 IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE FOR A FIRST 365 OFFENSE AND A MISDEMEANOR OF THE SECOND DEGREE FOR ANY SUBSEQUENT OFFENSE. 366 Sec. 4905.72. (A) AS USED IN THIS SECTION: 368 (1) "NATURAL GAS SERVICE" MEANS THE SALE OF NATURAL GAS, 370 EXCLUSIVE OF ANY DISTRIBUTION OR ANCILLARY SERVICE. 371 (2) "PUBLIC TELECOMMUNICATIONS SERVICE" MEANS THE 374 TRANSMISSION BY A TELEPHONE COMPANY, BY ELECTROMAGNETIC OR OTHER 375 MEANS, OF SIGNS, SIGNALS, WRITINGS, IMAGES, SOUNDS, MESSAGES, OR 377 DATA ORIGINATING IN THIS STATE REGARDLESS OF ACTUAL CALL ROUTING, 378 BUT DOES NOT INCLUDE A SYSTEM, INCLUDING ITS CONSTRUCTION, 379 MAINTENANCE, OR OPERATION, FOR THE PROVISION OF 380 TELECOMMUNICATIONS SERVICE, OR ANY PORTION OF SUCH SERVICE, BY 381 ANY ENTITY FOR THE SOLE AND EXCLUSIVE USE OF THAT ENTITY, ITS 382 PARENT, A SUBSIDIARY, OR AN AFFILIATED ENTITY, AND NOT FOR 383 RESALE, DIRECTLY OR INDIRECTLY; THE PROVISION OF TERMINAL EQUIPMENT USED TO ORIGINATE TELECOMMUNICATIONS SERVICE; BROADCAST 384 TRANSMISSION BY RADIO, TELEVISION, OR SATELLITE BROADCAST 385 STATIONS REGULATED BY THE FEDERAL GOVERNMENT; OR CABLE TELEVISION 386 SERVICE. (B)(1) NO PUBLIC UTILITY SHALL REQUEST OR SUBMIT, OR CAUSE 388 TO BE REQUESTED OR SUBMITTED, A CHANGE IN THE PROVIDER OF NATURAL 389 GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE TO A CONSUMER IN 391 THIS STATE, WITHOUT FIRST OBTAINING, OR CAUSING TO BE OBTAINED, 392 THE VERIFIED CONSENT OF THE CONSUMER IN ACCORDANCE WITH RULES 393 ADOPTED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO DIVISION 394 (D) OF THIS SECTION. (2) NO PUBLIC UTILITY SHALL VIOLATE OR FAIL TO COMPLY WITH 396 10 ANY PROVISION OF A RULE ADOPTED BY THE COMMISSION PURSUANT TO 397 DIVISION (D) OF THIS SECTION OR ANY PROVISION OF AN ORDER ISSUED 399 BY THE COMMISSION PURSUANT TO DIVISION (B) OR (C) OF SECTION 400 4905.73 OF THE REVISED CODE. 401 (C)(1) DIVISION (B) OF THIS SECTION DOES NOT APPLY TO THE 404 TRANSFER OF A CUSTOMER'S NATURAL GAS SERVICE OR PUBLIC 406 TELECOMMUNICATIONS SERVICE THAT OCCURS SOLELY DUE TO THE 407 OPERATION OF DEFAULT PROVISIONS IN THE SCHEDULE OF A PUBLIC 408 UTILITY FILED UNDER SECTION 4905.30 OF THE REVISED CODE. (2) CONSISTENT WITH THE EXCLUSION, UNDER 47 C.F.R. 64.1100 411 (a)(3), OF COMMERCIAL MOBILE RADIO SERVICE PROVIDERS FROM THE 413 VERIFICATION REQUIREMENTS ADOPTED IN 47 C.F.R. 64.1100, 64.1150, 415 64.1160, 64.1170, 64.1180, AND 64.1190 BY THE FEDERAL COMMUNICATIONS COMMISSION, DIVISION (B) OF THIS SECTION DOES NOT 417 APPLY TO THE TRANSFER OF A CUSTOMER'S COMMERCIAL MOBILE RADIO SERVICE. HOWEVER, AT SUCH TIME AS THAT EXCLUSION NO LONGER IS IN 419 EFFECT, DIVISION (B) OF THIS SECTION SHALL APPLY TO SUCH A 420 TRANSFER, AND THE COMMISSION SHALL ADOPT RULES APPLICABLE TO SUCH 422 A TRANSFER IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION. (D) THE COMMISSION SHALL ADOPT COMPETITIVELY NEUTRAL RULES 424 PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING THE CONSENT OF A 425 CONSUMER FOR PURPOSES OF DIVISION (B)(1) OF THIS SECTION AND ANY 426 PROCEDURES NECESSARY FOR THE FILING OF A SECURITY UNDER DIVISION 427 (C)(5) OF SECTION 4905.73 OF THE REVISED CODE, AND MAY ADOPT SUCH 429 OTHER COMPETITIVELY NEUTRAL RULES AS THE COMMISSION CONSIDERS 430 NECESSARY TO CARRY OUT THIS SECTION AND SECTION 4905.73 OF THE 431 REVISED CODE. WITH RESPECT TO PUBLIC TELECOMMUNICATIONS SERVICE 432 ONLY, THE RULES PRESCRIBING PROCEDURES NECESSARY FOR VERIFYING CONSUMER CONSENT SHALL BE CONSISTENT WITH THE RULES OF THE 434 FEDERAL COMMUNICATIONS COMMISSION IN 47 C.F.R. 64.1100 AND 435 64.1150. 436 Sec 4905.73. (A) THE PUBLIC UTILITIES COMMISSION, UPON 438 COMPLAINT BY ANY PERSON OR COMPLAINT OR INITIATIVE OF THE 439 COMMISSION, HAS JURISDICTION UNDER SECTION 4905.26 OF THE REVISED 440 11 CODE REGARDING ANY VIOLATION OF DIVISION (B) OF SECTION 4905.72 441 OF THE REVISED CODE BY A PUBLIC UTILITY. 442 (B) UPON COMPLAINT OR INITIATIVE UNDER DIVISION (A) OF 444 THIS SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING 446 PURSUANT TO SECTION 4905.26 OF THE REVISED CODE, THAT A PUBLIC 447 UTILITY HAS VIOLATED SECTION 4905.72 OF THE REVISED CODE, THE 450 COMMISSION, BY ORDER, SHALL DO ALL OF THE FOLLOWING: (1) RESCIND THE AGGRIEVED CONSUMER'S CHANGE IN SERVICE 453 PROVIDER; (2) REQUIRE THE PUBLIC UTILITY TO ABSOLVE THE AGGRIEVED 456 CONSUMER OF ANY LIABILITY FOR ANY CHARGES ASSESSED THE CONSUMER, 457 OR REFUND TO THE AGGRIEVED CONSUMER ANY CHARGES COLLECTED FROM 458 THE CONSUMER, BY THE PUBLIC UTILITY DURING THE THIRTY-DAY PERIOD 459 AFTER THE VIOLATION OR FAILURE TO COMPLY OCCURRED OR, WHERE 460 APPROPRIATE, DURING SUCH OTHER PERIOD AFTER THAT OCCURRENCE AS 461 DETERMINED REASONABLE BY THE COMMISSION; 462 (3) REQUIRE THE PUBLIC UTILITY TO REFUND OR PAY TO THE 465 AGGRIEVED CONSUMER ANY FEES PAID OR COSTS INCURRED BY THE CONSUMER RESULTING FROM THE CHANGE OF THE CONSUMER'S SERVICE 467 PROVIDER OR PROVIDERS, OR FROM THE RESUMPTION OF THE CONSUMER'S 468 SERVICE WITH THE SERVICE PROVIDER OR PROVIDERS FROM WHICH THE 469 CONSUMER WAS SWITCHED; (4) REQUIRE THE PUBLIC UTILITY TO MAKE THE CONSUMER WHOLE 473 REGARDING ANY BONUSES OR BENEFITS, SUCH AS AIRLINE MILEAGE OR 474 PRODUCT DISCOUNTS, TO WHICH THE CONSUMER IS ENTITLED, BY 475 RESTORING BONUSES OR BENEFITS THE CONSUMER LOST AS A RESULT OF 476 THE VIOLATION OR FAILURE TO COMPLY AND PROVIDING BONUSES OR 477 BENEFITS THE CONSUMER WOULD HAVE EARNED IF NOT FOR THE VIOLATION 478 OR FAILURE TO COMPLY, OR BY PROVIDING SOMETHING OF EQUAL VALUE. 479 (C) IN ADDITION TO THE REMEDIES UNDER DIVISION (B) OF THIS 483 SECTION, IF THE COMMISSION FINDS, AFTER NOTICE AND HEARING PURSUANT TO SECTION 4905.26 OF THE REVISED CODE, THAT A PUBLIC 486 UTILITY HAS VIOLATED SECTION 4905.72 OF THE REVISED CODE, THE 491 COMMISSION, BY ORDER, MAY IMPOSE ANY OF THE FOLLOWING REMEDIES OR 493 12 FORFEITURES: (1) REQUIRE THE PUBLIC UTILITY TO COMPLY OR UNDERTAKE ANY 496 NECESSARY CORRECTIVE ACTION; (2) REQUIRE THE PUBLIC UTILITY TO COMPENSATE THE SERVICE 499 PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 500 SWITCHED IN THE AMOUNT OF ALL CHARGES THE CONSUMER WOULD HAVE 501 PAID THAT PARTICULAR SERVICE PROVIDER FOR THE SAME OR COMPARABLE 502 SERVICE HAD THE VIOLATION OR FAILURE TO COMPLY NOT OCCURRED; 503 (3) REQUIRE THE PUBLIC UTILITY TO COMPENSATE THE SERVICE 506 PROVIDER OR PROVIDERS FROM WHICH THE AGGRIEVED CONSUMER WAS 507 SWITCHED FOR ANY COSTS THAT THE PARTICULAR SERVICE PROVIDER 508 INCURS AS A RESULT OF MAKING THE CONSUMER WHOLE AS PROVIDED IN 509 DIVISION (B)(4) OF THIS SECTION OR OF EFFECTING THE RESUMPTION OF 511 THE CONSUMER'S SERVICE; (4) ASSESS UPON THE PUBLIC UTILITY FORFEITURES OF NOT MORE 513 THAN ONE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION OR 514 FAILURE TO COMPLY. HOWEVER, IF THE COMMISSION FINDS THAT THE 515 PUBLIC UTILITY HAS ENGAGED OR IS ENGAGING IN A PATTERN OR 516 PRACTICE OF COMMITTING ANY SUCH VIOLATIONS OR FAILURES TO COMPLY, 517 THE COMMISSION MAY ASSESS UPON THE PUBLIC UTILITY FORFEITURES OF 518 NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY OF EACH 519 VIOLATION OR FAILURE. ANY FORFEITURE COLLECTED PURSUANT TO THIS 520 DIVISION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT 521 OF THE GENERAL REVENUE FUND. 522 (5) REQUIRE THE PUBLIC UTILITY TO FILE WITH THE COMMISSION 525 A SECURITY PAYABLE TO THE STATE IN SUCH AMOUNT AND UPON SUCH 526 TERMS AS THE COMMISSION DETERMINES NECESSARY TO ENSURE COMPLIANCE 527 AND PAYMENT OF ANY FORFEITURES ASSESSED PURSUANT TO DIVISION 528 (C)(4) OF THIS SECTION; 529 (6) RESCIND THE PUBLIC UTILITY'S AUTHORITY TO PROVIDE 532 NATURAL GAS SERVICE OR PUBLIC TELECOMMUNICATIONS SERVICE WITHIN 533 THIS STATE. (D) PROCEEDINGS OF THE COMMISSION PURSUANT TO DIVISION (B) 537 OR (C) OF THIS SECTION ARE GOVERNED BY CHAPTER 4903. OF THE 540 13 REVISED CODE. 541 (E) THE COMMISSION MAY DIRECT THE ATTORNEY GENERAL TO 544 COMMENCE AN ACTION UNDER SECTION 4905.57 OR 4905.60 OF THE 546 REVISED CODE TO ENFORCE AN ORDER OF THE COMMISSION ISSUED UNDER 547 DIVISION (B) OR (C) OF THIS SECTION, INCLUDING ORDERS ASSESSING 550 FORFEITURES. NOTWITHSTANDING SECTION 4905.57 OF THE REVISED 551 CODE, AN ACTION AUTHORIZED UNDER THIS DIVISION MAY BE BROUGHT IN 552 THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY OR THE COURT OF 554 COMMON PLEAS OF ANY COUNTY IN WHICH VENUE IS PROPER UNDER THE 555 RULES OF CIVIL PROCEDURE. (F) THE REMEDY AVAILABLE UNDER SECTION 4905.61 OF THE 559 REVISED CODE MAY BE APPLIED TO ANY VIOLATION OF SECTION 4905.72 561 OF THE REVISED CODE. 562 (G) THE POWERS, REMEDIES, FORFEITURES, AND PENALTIES 565 PROVIDED BY THIS SECTION AND SECTION 4905.72 AND DIVISION (D) OF 566 SECTION 4905.99 OF THE REVISED CODE ARE IN ADDITION TO ANY OTHER 569 POWER, REMEDY, FORFEITURE, OR PENALTY PROVIDED BY LAW. 570 Sec. 4905.74. NO PUBLIC UTILITY SHALL KNOWINGLY ENGAGE IN 572 A PERSISTENT PRACTICE OR PATTERN OF CONDUCT OF VIOLATING DIVISION 573 (B) OF SECTION 4905.72 OF THE REVISED CODE. 574 Sec. 4905.99. (A) Whoever violates section 4905.52 of the 583 Revised Code shall be fined not less than fifty nor more than 584 five hundred dollars. (B) Whoever violates section 4905.56 of the Revised Code 587 is guilty of a felony of the fifth degree. 589 (C) Coincident with the operation of section 4905.78 of 592 the Revised Code, whoever violates that section is guilty of a 594 misdemeanor of the fourth degree. 595 (D) WHOEVER VIOLATES SECTION 4905.74 OF THE REVISED CODE 598 IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE. Section 2. That existing sections 1345.01, 1345.02, 600 1345.99, and 4905.99 of the Revised Code are hereby repealed. 601