Time Warner Cable and Comcast are facing class action lawsuits filed in California federal court alleging both cable operators retain Social Security numbers, credit card information and contact information after customers stop doing business with the companies.

The two lawsuits claim Comcast and Time Warner Cable are in violation of the 1984 Cable Communications Policy Act which, among other things, requires cable operators to “destroy personal information when it is no longer needed for the purposes for which it was collected (and there are no pending requests for access).”

According to the plaintiffs, both companies are retaining personal information about their ex-customers indefinitely, and are not sending required annual privacy notices to former customers disclosing this fact.

The CCPA allows individuals to collect $100 for each day the cable company is in violation of the law.

The lawsuit argues that this non-essential information exposes former customers to possible identity theft or illicit action by company employees that could potentially lead to unauthorized charges or account withdrawals.

That fear is not far-fetched. Just two weeks ago, GCI — a cable company in Alaska, found itself contacting at least 400 customers who had their personal financial information stolen by an employee.  Some customers were also contacted by their credit card issuers over incidents of unauthorized credit card charges.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/KTUU Anchorage GCI Warns Customers of Fraud 5-24-12.mp4[/flv]

KTUU in Anchorage reports a GCI employee accessed cable customer account information to commit identity theft and credit card fraud.  (3 minutes)

The cable industry is moving in on the phone companies' best customers: commercial enterprises

The growing competitiveness of the cable industry in the commercial services sector could spell trouble for some of the nation’s smaller telecommunications companies.

A new report from Moody’s Investor Service declares the cable industry is spoiling the business plans of telephone companies to grow revenue selling service to business customers.

With cable companies now investing in wiring office parks and downtown buildings to sell packages of voice and data services to corporate customers, traditional phone company revenue will suffer, declares Moody, which predicts traditional wireline revenue will be flat or decrease this year into next.

“Cable Companies Quash Telecom Business-Revenue Rebound,” warns the companies at the greatest risk of revenue declines include EarthLink, Inc., Integra Telecom, Inc., U.S. TelePacific Corp., and CCGI Holding Corp. Among familiar independent phone companies, Frontier Communications, FairPoint Communications, and Hawaiian Telcom are at the biggest risk of losing customers, primarily because all three lack strong business products, according to the Moody’s report.

AT&T, CenturyLink, and Verizon are at a lower risk of losing customers, because all three focus investments on commercial services. CenturyLink’s acquisition of Qwest, a  former Baby Bell, strengthened its business services position, especially in the Pacific Northwest.

The cable companies best positioned to steal away telephone company customers are Comcast and Time Warner Cable, both of which have invested heavily in wiring commercial businesses for service. In the past, cable operators charged thousands (sometimes tens of thousands) of dollars to install service in unwired commercial buildings, but now that initial wiring investment is increasingly being covered by cable operators.

Moody’s declares the business service sector a growth industry for cable. The report notes business revenues only account for $5 billion — just six percent — of the cable industry’s total business in 2011. In contrast, phone companies earn 40 percent of their revenue from business customers.

The report also states individual cable companies are now collaborating to deliver business service to companies with multiple service locations, which used to present a problem when offices were located in territories served by different operators.

If the cable industry continues to erode traditional telephone company revenue, it could eventually threaten the viability of some companies, especially those heavily-laden with acquisition-related debt.

Wi-Fi access is about to become a lot more ubiquitous if you happen to buy broadband from Comcast, Time Warner Cable, Cablevision, Bright House Networks, or Cox.  All five companies on Monday announced they will open up their free Wi-Fi hotspots to customers of any of these companies nationwide.

The collaborative agreement extends the authentication platforms cable operators use to verify customer accounts when granting access to services like TV Everywhere — the online video streaming services operated by pay television providers. By sharing basic account information, customers traveling outside of their home cable service area can “roam” on free Wi-Fi networks operated by the other providers.

For example, a Cablevision subscriber who lives on Long Island will be able to access Bright House Networks’ Wi-Fi in central Florida or Time Warner Cable’s growing wireless network in Los Angeles.

The cable industry calls it a back door entry into mobile data, and unlike its existing partnership with Clearwire for WiMAX 4G service, Wi-Fi hotspots are available at no additional charge.

“We believe that Wi-Fi is a superior approach to mobile data,” said Kristin Dolan, head of projects at Cablevision. “Cable providers are best positioned to build the highest-capacity national network offering customers fast and reliable Internet connections when away from their home or business broadband service.”

More than 50,000 Wi-Fi hotspots are to be included in the project, all unified under the name “CableWiFi.”

Eventually, the companies hope to unveil automatic log-ins on the network, regardless of where customers access it.

The industry is aggressively expanding Wi-Fi services to give subscribers another reason to stick with their local cable company. Some may require customers to maintain both a cable-TV subscription and broadband to qualify for the service, others will only require a current broadband account. The free add-on may also make subscribers think twice about canceling service if it means losing access.

Comcast, Cablevision, and Time Warner Cable already have a deal in place to share their networks in southwestern Connecticut, New York City, parts of New Jersey and Philadelphia.

Cable operators will target high-traffic areas for Wi-Fi expansion — especially public parks, beaches, malls, eateries, stadiums and convention centers.  Don’t expect cable Wi-Fi to be common in residential neighborhoods, and users will have to temper their expectations. Most provide access suitable for web browsing and e-mail, but often have trouble keeping up with streaming video and other high bandwidth services.

Netflix and consumer groups like Free Press are unimpressed with Comcast’s announcement they plan to experiment with an increased usage cap in some markets and temporarily eliminating it in others.

A Netflix spokesperson issued a statement that says the company has dodged the real issue: discrimination against its traffic, which counts towards whatever Comcast usage cap the company eventually settles on, and doesn’t count towards Xfinity TV, which the cable company owns.

“Increasing the data cap is a small step in the right direction, but unfortunately Comcast continues to treat its own Internet delivered video different under the cap than other Internet delivered video,” says the Netflix statement. “We continue to stand by the principle that ISPs should treat all providers of video services equally.”

Free Press and Stop the Cap! share the belief the company’s usage caps are arbitrary and unnecessary and should be eliminated completely.

“Comcast has never had any legitimate reason to cap its Internet customers, and today’s announcement of new overage charges is just another example of the cable giant’s efforts to discriminate against and thwart online video competition,” said Free Press policy adviser Joel Kelsey. “Data caps are not a reasonable or effective way to manage capacity problems, which are virtually non-existent for Comcast.”

Kelsey also believes Comcast is still trying an end run around Net Neutrality.

“While the move to increase its caps is overdue, the notion that Comcast would charge an exorbitant rate for additional bandwidth — while continuing to exempt its own traffic under its Xbox deal — illustrates that Comcast is really trying to discourage subscribers from experimenting with online video alternatives,” Kelsey said. “We call on Comcast to drop the caps and these exorbitant overage fees entirely.”

Comcast today announced it was incrementally increasing its 250GB usage cap by 50 additional gigabytes per month as part of a new trial, the first allowance increase since the company started the cap in 2008.

But before so-called “heavy users” celebrate, the company is also announcing it will test overlimit fees for customers who exceed the new 300GB cap.

Cathy Avgiris, Executive Vice President and General Manager, Communications and Data Services, Comcast Cable:

We’ve decided to change our approach and replace our static 250 GB usage threshold with more flexible data usage management approaches that benefit consumers and support innovation and that will continue to ensure that all of our customers enjoy the best possible Internet experience over our high-speed data service. In the next few months, therefore, we are going to trial improved data usage management approaches comparable to plans that others in the market are using that will provide customers with more choice and flexibility than our current policy. We’ll be piloting at least two approaches in different markets, and we’ll provide additional details on these trials as they launch. But we can give everyone an overview today.

The first new approach will offer multi-tier usage allowances that incrementally increase usage allotments for each tier of high-speed data service from the current threshold. Thus, we’d start with a 300 GB usage allotment for our Internet Essentials, Economy, and Performance Tiers, and then we would have increasing data allotments for each successive tier of high speed data service (e.g., Blast and Extreme). The very few customers who use more data at each tier can buy additional gigabytes in increments/blocks (e.g., $10 for 50 GB).

The second new approach will increase our data usage thresholds for all tiers to 300 GB per month and also offer additional gigabytes in increments/blocks (e.g., $10 per 50 GB).

In both approaches, we’ll be increasing the initial data usage threshold for our customers from today’s 250 GB per month to at least 300 GB per month.

In markets where we are not trialing a new data usage management approach, we will suspend enforcement of our current usage cap as we transition to a new data usage management approach, although we will continue to contact the very small number of excessive users about their usage.

Tell Comcast to drop the padlock on your broadband connection altogether.

The change comes at the same time Comcast is under fire for allegedly giving preferential, cap-free treatment to its own video content through an Xbox video game console app.

Comcast has followed AT&T’s pricing, testing a new overlimit fee of $10 for each 50GB increment customers exceed their allowance.  While not outrageous on a per gigabyte basis, the minimum charge of $10 is steep, especially considering Comcast pays only pennies per gigabyte to move traffic.

Stop the Cap! urges Comcast customers to use the occasion to demand the company suspend its unnecessary and arbitrary usage cap altogether.

The best approach for consumers is the one Comcast plans for markets not subject to a trial of their latest Internet Overcharging schemes. Namely, leaving the overwhelming majority of Comcast customers alone while informally reaching out to the tiny minority of customers the company feels are consuming data at levels that create significant problems for other customers on their network. With Comcast’s near-universal adoption of DOCSIS 3 technology, those problems are rarer than ever.