Windstream delivers turtle slow Internet speeds to customers paying for fast connections.

Windstream broadband customers in Georgia were not imagining their turtle-slow DSL Internet speeds after all. After a year-long investigation, the Governor’s Office of Consumer Protection (GOCP) this week announced a $600,000 settlement with the rural telephone company over claims it was ripping off customers by falsely advertising broadband speeds it was in no position to deliver.

“This is essentially a truth in advertising case,” says John Sours, administrator of the Governor’s Office of Consumer Protection.  “What consumers thought they were getting from a major company was significantly different from what they allegedly received. People need to be able to make informed choices about buying the services they need to communicate and do business. We are confident that this settlement will ensure that will now occur here.”

A GOCP investigation found substantial evidence Windstream routinely advertised and sold certain Internet speeds to customers it should have known it could not provide and/or guarantee, especially over its deteriorating copper landline network. Customers complained they should have been sold cheaper broadband packages with Internet speeds Windstream could actually deliver.

Customers who called to complain about the poor performance of their connection received empty promises from Windstream representatives that misrepresented the time frame within which broadband speeds would improve. In some cases, customers were not told their speed issues would likely never be resolved. In rural Georgia communities, DSL broadband is often the only available option.

The GOCP also found that some of Windstream’s “Lifetime Price Guarantee bundle” advertisements falsely implied that the advertised offer included high-speed Internet packages with speeds of “up to 12 Mbps”.

Windstream was also criticized for advertising a free 6-month “Hulu Plus” subscription but did not clearly disclose that consumers who failed to cancel the subscription at or before the 6-month period would be charged membership fees every month afterwards, until the membership was cancelled.

To resolve these allegations, Windstream will pay a total of $600,000, which includes a $175,000 civil penalty, $175,000 in administrative fees and expenses, and $250,000 in cy pres restitution to be used to buy new computer equipment for the Technical College System of Georgia. Customers will receive no compensation from the settlement, but Stop the Cap! strongly recommends that affected customers insist on compensation by appealing directly to Windstream for service credits and/or a penalty-free exit from any service commitments.

“Windstream … has cooperated fully throughout the inquiry by the Governor’s Office of Consumer Protection,” wrote a company spokesperson in a statement. “Windstream is pleased to resolve this inquiry by entering an assurance of voluntary compliance with all applicable advertising laws. That agreement includes no finding or admission of violation by the company.”

Windstream has represented to the Governor’s Office of Consumer Protection that it is in the process of investing about $14 million to upgrade its fiber-supported areas in Georgia.  The company says that 90% or more of these upgrades were completed by the end of 2013, with the remaining upgrades slated for completion by mid-2014. The company expects the upgrades to address systemic download speed issues in the areas undergoing the upgrades. It is also seeking federal funding as well as exploring other options for upgrading the Internet service for consumers who are served by network equipment supported by copper-fed wires.

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WGCL in Atlanta reports Windstream has agreed to settle charges they falsely advertised broadband speeds customers could never receive. The state gets $600,000, customers get nothing. (1:56)