ORR.docx

July 28, 1998
HAND DELIVERED
Tara Orr
Chief Administrative Division
Office of the Attorney General
PO Box 83720
Boise, ID 83720-0010
RE: Consumer Protection Refund
Dear Ms. Orr:
Global Tel*Link Corporation (Global) recently forwarded a check to the Commission in the amount of $1,255.59 representing undeliverable refunds in a class-action settlement.  This amount is owed to Idaho consumers who were overcharged by Global prior to December 1995.  In accordance with the terms of a nationwide class-action settlement, Global provided refunds in the form of checks and credits to all Idaho customers who were overcharged on telephone calls originating in Idaho.  Global was able to locate and deliver refunds in the amount of $794.38.  For customers that Global was unable to locate, the class-action settlement provided that the unrefunded balance be “delivered as set forth by orders of this Court. . .payable to the [Idaho PUC] or as otherwise directed by the [PUC].” The Commission did not participate in the class-action lawsuit and was unaware of its settlement terms.  The check is drawn from the settlement fund in the class-action lawsuit and administered by the Alabama Attorney General.
Because the Commission has no authority to spend this unappropriated money, the Commission has decided to forward the check for the undistributed refund to the Attorney General’s Consumer Protection account.  The rationale for this action was three-fold.  First, overcharging of telephone customers is a violation of the Idaho Consumer Protection Act.  Second, the Attorney General’s Consumer Protection Unit occasionally prosecutes consumer protection violations referred by the PUC.  Finally, neither Global nor the Court provided us with a list of unfound customers.  Consequently, the Commission concluded that it was reasonable for this refund amount to be delivered to the Attorney General’s Consumer Protection account.  The check is enclosed.
If you have any further questions or comments, please call me at 334-0337 or Don Howell.
Sincerely yours,
David  Hattaway
Deputy Administrator
cc:Commissioners
Don Howell
vld/L:orr.dh