§ 64.6130 Interim protections of consumer funds in inactive accounts.

(a) All funds deposited into an IPCS Account shall remain the property of the account holder unless or until the funds are either: (1) Used to pay for products or services purchased by the account holder or the Incarcerated Person for whose benefit the account was established; (2) Disposed of in accordance with a Controlling Judicial or Administrative Mandate; or (3) Disposed of in accordance with applicable state law, including, but not limited to, laws governing unclaimed property. (b) No Provider may dispose of unused funds in an IPCS Account until at least 180 calendar days of continuous account inactivity have passed, or at the end of any longer, alternative period set by state law, except as provided in paragraphs (a) and (d) of this section or through a refund to the IPCS Account holder or such other individual as the account holder may have designated to receive a refund. (c) The 180-day period, or any longer alternative period set by state law, must be continuous. Any of the following actions by the IPCS Account holder or the Incarcerated Person for whose benefit the account was established ends the period of inactivity and restarts the 180-day period: (1) Depositing, crediting, or otherwise adding funds to an IPCS Account; (2) Withdrawing, spending, debiting, transferring, or otherwise removing funds from an IPCS Account; or (3) Expressing an interest in retaining, receiving, or transferring the funds in an IPCS Account, or otherwise attempting to exert or exerting ownership or control over the account or the funds held within the IPCS Account. (d) After 180 days of continuous account inactivity have passed, or at the end of any alternative period set by state law, the provider must make reasonable efforts to refund the balance in the account to the account holder. (e) If a provider's reasonable efforts to refund the balance of the account fail, the provider must treat the remaining funds in accordance with applicable state consumer protection law requirements concerning unclaimed funds or the disposition of such funds.