(a)        A public utility, electric membership corporation, and telephone membership corporation shall not do any of the following in its debt collection practices:

(1)        Suspend or disconnect service to a customer because of a past-due and unpaid balance for service incurred by another person who resides with the customer after service has been provided to the customer’s household, unless one or more of the following apply:

a.         The customer and the person were members of the same household at a different location when the unpaid balance for service was incurred.

b.         The person was a member of the customer’s current household when the service was established, and the person had an unpaid balance for service at that time.

c.         The person is or becomes responsible for the bill for the service to the customer.

(2)        Require that in order to continue service, a customer must agree to be liable for the delinquent account of any other person who will reside in the customer’s household after the customer receives the service, unless one or more of the following apply:

a.         The customer and the person were members of the same household at a different location when the unpaid balance for service was incurred.

b.         The person was a member of the customer’s current household when the service was established, and the person had an unpaid balance for service at that time.

(b)        Notwithstanding the provisions of subsection (a) of this section, if a customer misrepresents his or her identity in a written or verbal agreement for service or receives service using another person’s identity, the public utility, electric membership corporation, and telephone membership corporation shall have the power to collect a delinquent account using any remedy provided by law for collecting and enforcing private debts from that customer. ?(2009-302, s. 1.)

Terms Used In North Carolina General Statutes 62-159.1

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Person: means a corporation, individual, copartnership, company, association, or any combination of individuals or organizations doing business as a unit, and includes any trustee, receiver, assignee, lessee, or personal representative thereof. See North Carolina General Statutes 62-3
  • public utility: except as otherwise expressly provided in this Chapter, shall not include the following:

    1. See North Carolina General Statutes 62-3

  • Service: means any service furnished by a public utility, including any commodity furnished as a part of such service and any ancillary service or facility used in connection with such service. See North Carolina General Statutes 62-3