16 CRR-NY 632.1NY-CRR
16 CRR-NY 632.1
16 CRR-NY 632.1
632.1 Liability for directory errors.
(a) In the absence of gross negligence or willful misconduct and except for the allowances stated hereinafter in paragraphs (b)(1)-(3) of this section, no liability for damages arising from errors or mistakes in or omissions of directory listings, or errors or mistakes in or omissions of listings obtainable from the directory assistance operator, including errors in the reporting thereof, shall attach to the company.
(b) An allowance for errors or mistakes in or omissions of published directory listings or for errors or mistakes in or omissions of listings obtainable from the directory assistance operator shall be given as follows:
(1) For free or no-charge-published directory listings, credit shall be given at the rate of two times the monthly tariff rate for an additional or charge listing for each line affected for the life of the directory or the charge period during which the error, mistake or omission occurs.
(2) For additional or charge-published directory listings, credit shall be given at the monthly tariff rate for each such listing for the life of the directory or the charge period during which the error, mistake or omission occurs.
(3) For listings obtainable from records used by the directory assistance operator, upon notification to the company of the error, mistake or omission in such records by the customer, the company shall be allowed a period of three business days for the correction to be effected. If the company has not corrected the error, mistake or omission within three business days after notification by the customer, credit shall be given at the rate of 2/30 of the basic monthly rate for the line or lines in question for each day thereafter that the records remain uncorrected.
(4) Credits for an error, mistake or omission in the free listing, the charge listing and listings obtainable from records used by the directory assistance operator shall be given as specified in paragraphs (1)-(3) of this subdivision; provided, however, that the total amount of the credit shall not exceed, on a monthly basis, the total of the charges for each charge listing plus the basic monthly rate for the line or lines in question.
(5) As used in paragraphs (1)-(4) of this subdivision, the terms error, mistake or omission shall refer to a discrepancy in the directory listing or directory assistance records which the company has failed to correct and where the error affects the ability to locate a particular customer's correct telephone number. The terms shall refer to addresses only to the extent that an error, mistake or omission of an address places the customer on an incorrect street or in an incorrect community.
(6) Such allowances or credits as specified in paragraphs (1)-(3) of this subdivision, shall be given upon notice to the company by the customer that such error, mistake or omission has occurred; provided, however, that when it is administratively feasible for the company to have knowledge of such error, mistake or omission, the company shall give credit without the requirement of notification by the customers.
16 CRR-NY 632.1
Current through February 28, 2023
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.