If it is found that a household goods motor carrier has directly or indirectly, by any device whatsoever, demanded, charged, collected or received from any customer a greater compensation for any service rendered by such carrier than the maximum rate on file with the Commission of such carrier applicable thereto, then filed in the manner provided in Title 58 of the South Carolina Code of Laws; or if it is found that any customer has received or accepted any service from a carrier for a compensation greater than the maximum rate on file with the Commission; or if, for any reason, billing error has resulted in a greater charge than that incurred by the customer for the actual service rendered, then the method of adjustment for such overcharge shall be provided by the following:
- 1. Customer Inadvertently Overcharged. If the carrier has inadvertently overcharged a customer as a result of a misapplied schedule or any other human or machine error, the carrier shall at the customer’s option credit or refund the excess amount paid by that customer or credit the amount billed.
- 2. Customer Willfully Overcharged. If the utility has willfully overcharged any customer, the carrier shall refund the difference, plus interest, as stated in the South Carolina Code of Laws Section 34-31-20(A) or such future Code of Laws of South Carolina governing the legal rate of interest of cases of accounts stated and in all cases where any sum or sums of money shall be ascertained and shall draw interest according to law.
- 3. Customers and Carriers shall have two (2) years from the date of the transaction in question in which to apply for an adjustment as provided in this Regulation. The basis for the charges shall be provided by the motor vehicle carrier to the customer in writing. If the motor vehicle carrier charges an amount less than the maximum rate, the binding quote must be provided in writing to the customer. A customer may file a complaint with the ORS or file a formal complaint with the Commission on the proposition that the motor vehicle carrier has charged more than agreed to by the customer and the motor vehicle carrier.
HISTORY: Added by State Register Volume 33, Issue No. 6, eff June 26, 2009. Amended by SCSR 49-5 Doc. No. 5242, eff May 23, 2025.