By Mr. Spellane of Worcester, petition (accompanied by bill, House, No. 1100) of Robert P. Spellane relative to requiring third party billers of auto glass claims to offer electronic audio files of telephonic interactions with customers of auto glass service providers.  Financial Services.

The Commonwealth of Massachusetts

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PETITION OF:

Robert P. Spellane

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In the Year Two Thousand and Seven.

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An Act requiring third party billers of auto glass claims to offer electronic audio files of telephonic interactions with customers of auto glass service providers.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.           Not later than ninety days after the enactment of this Act, third-party billers and auto insurance carriers must make available to auto glass service providers, on an ongoing basis, the electronic audio files of telephonic interactions with any policyholder, either a person or business entity, who makes a claim for the loss or damage of auto glass that is covered by a policy of insurance issued in the commonwealth. These electronic audio files must be available under the following terms:

a) upon the request of auto glass service providers, such request being made by postal mail only and the postmark on the envelope shall be known as the request date;

b) third-party billers shall declare and circulate widely the valid mailing address to which such requests shall be made;

c) such request shall be made within twenty-one business days after the date of the requested telephonic interaction;

d) such request shall include the name of the insurance company under whose policy of insurance such claim was made, the policyholder’s last name or the major identifying or trade name of the business entity that is the policyholder of record, and the make (i.e., Ford, Toyota, etc.) of the vehicle for which the claim was made;

e) such request shall include the electronic mail address for the glass service company making such request, and to which third-party biller and/or insurance carrier shall be obligated to transmit such electronic audio file;

f) such request shall be accompanied by a check in the amount of $5.00, made payable to the third-party biller or the insurance carrier to whom the request is made;

g) third-party biller or insurance carrier to whom request is made shall use all best efforts to fulfill the request within five days of receipt of such request. If such request is unable to be fulfilled for valid reason(s), that reason must be noted in a written reply along with the check, or a valid check to offset the one sent, and returned to the auto glass service company forthwith;

SECTION 2.           Repeated denials of requests by any third-party biller or insurance carrier for reasons that would suggest a pattern of non-compliance with this Act, shall be deemed a violation of this Act. In such case, the Office of the Attorney General shall, upon review of a formal complaint brought by any glass service company, a class of companies, or representatives of any glass services company or class of companies, levy a fine of not less than $2,000.00, on the third-party biller or insurance carrier.