SB 13

This bill requires a commercial mobile radio service provider (cellular

telephone service provider) to refund to a customer or credit to the customer's

account any amount charged to the customer in excess of the amount actually owed

by the customer (overcharge). Under the bill, the service provider must make such

a refund not later than 90 days after the service provider learns of, or reasonable

should be aware of, the overcharge. A service provider that fails to make a timely

refund must pay the customer twice the amount of the refund owed to the customer.

The bill also specifies that a service provider may not impose an additional charge

solely as a consequence of the service provider's compliance with the requirements

of the bill.

Under the bill, the Department of Agriculture, Trade and Consumer Protection

may bring an action against a person who violates the provisions of the bill for a

forfeiture up to $200 for a first-time violation or up to $500 for subsequent violations.

In addition, a person who is injured by a violation may bring an action to recover

three times the amount of the overcharge or $200, whichever is greater, plus

attorney's fees.