Legal Question in Business Law in Oregon
sewer utility violates their own rules in charging customers late fees.
A local, privately owned sewer utility co. gives only limited rules in writing, for fees penalized to late paying customers. ( 1 and 1/2 % interest after 30 days unpaid, and $25.00 per month every month after 60 days unpaid.) my payment history, printed, shows all fees charged to me too early, some even before the due date! The Co. president admitted they have ''problems'' with their computer billing software, yet they won't address it, fix it, nor review my evidence to vindicate me of the late charges. They refuse to remove the fees, and the fees will continue to show on my monthly bill, even if i pay on time! They are not subject to PUC, city or county or state jurisdiction. How can they get away with this??? i'm TICKED!!!
1 Answer from Attorneys
Re: sewer utility violates their own rules in charging customers late fees.
Whether the private utility can do all this to you depends on your contract with the company. It may allow them wide discretion in billing. Ask to see your contract with the company.
Further, some private utilities are regulated by the Oregon Public Utility Commission in some circumstances. For example, the PUC regulates water rates of private utilities, I believe. I do not believe it has authority to regulate a company that provides only sewer services.
Finally, you can stop this sort of abuse permanently by creating a People's Utility District and condemning the property of the utility (if it provides water). The utility would then be a public entity governed by an elected board of directors. Again, you probably cannot do this, if the company provides only sewer service.
One long-term approach would be to go to the Oregon Legislature and push a bill to regulate the rates and/or billing practices of private sewer utilities. After all, you have no choice but to use their services.
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