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KRS 65.7640

Mobile telecommunications services -- Adoption of federal provisions -- Notification of service provider about errors -- Correction and refund -- Exhaustion of remedies

Applied in 1 court decision — leading case State Dep't of Revenue v. Decatur RSA LP (Ex parte State Dep't of Revenue) (2016)

Most recently applied in State Dep't of Revenue v. Decatur RSA LP (Ex parte State Dep't of Revenue) (September 2016)

Effective: July 15, 2002 History: Created 2002 Ky

As it relates, under KRS 65.7621 to 65.7643, to mobile telecommunications services as defined in 4 U.S.C. sec. 124:

(1) The provisions of 4 U.S.C. secs. 116 to 126 are hereby adopted and incorporated by reference.

(2) If a customer believes that a tax, charge, fee, or assignment of place of primary use or taxing jurisdiction on a bill is incorrect, the customer shall notify the service provider about the alleged error in writing. This notification shall include the street address for the customer's place of primary use, the account name and number for which the customer seeks a correction, a description of the alleged error, and any other information that the service provider reasonably requires. Within sixty (60) days of receiving the customer's notification, the service provider shall either correct the error and refund or credit all taxes, charges, and fees incorrectly charged to the customer within four (4) years of the customer's notification, or explain to the customer in writing how the bill was correct and why a refund or credit will not be made.

(3) A customer shall not have a cause of action against a service provider for any erroneously collected taxes, charges, or fees until the customer has exhausted the procedure set forth in subsection (2) of this section.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.