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Florida Woman Gets $201,000 T-Mobile Bill: Data Roaming Bill Shock Nightmare

A Miami woman fell to pieces when T-Mobile sent her a cell phone bill that was higher than the purchase price of many nice suburban homes, after a two-week trip to Canada turned into a data roaming disaster.

Celina Aarons is the latest victim of bill shock — when phone and cable companies send surprise bills that throw families into turmoil, begging for help from the provider that could either aggressively collect or save your sanity by reducing the bill.

Aarons appealed to WSVN Miami’s consumer reporter Patrick Fraser for help after the bill arrived.

“I was freaking out. I was shaking, crying, I couldn’t even talk that much on the phone,” Aarons said. “I was like my life is over!”

It turns out her deaf brother uses a phone on her account to communicate… a lot.  He routinely sends thousands of text messages a month, in addition to relying heavily on the mobile smartphone’s Internet access.  He had no idea a two-week trip to Canada would invoke an insanely high data roaming rate — $10 per megabyte.  Text messages sent while roaming in Canada run $0.20 each, with or without a texting plan.  Just running an online video at those rates will easily rack up charges well over $1,000.  And they did.

Unfortunately for Celina, T-Mobile claims to have sent a handful of warning messages — to her brother’s phone, never to hers.  He claims he never saw them.  She’s ultimately responsible for the bill, and she’s upset T-Mobile didn’t notify the primary account holder — her — of the rapidly accumulating roaming charges.  T-Mobile told her they don’t send such notifications for “privacy reasons.”

[flv width=”630″ height=”374″]http://www.phillipdampier.com/video/WSVN Miami Help Me Howard – High phone bill 10-17-11.mp4[/flv]

WSVN in Miami explains what happened when Celina Aarons received her 40+ page T-Mobile bill… for $201,000.  (4 minutes)

Life's for sharing a $201,000 cell phone bill.

That’s how parents end up receiving bill shock of their own, when children handed phones run up enormous charges mom and dad never learn about until the bill arrives in the mailbox.  By then, it’s too late.

The Federal Communications Commission was supposed to take direct action to put an end to bill shock by demanding carriers send clear warnings when usage allowances are used up or when roaming charges begin to accrue.  It was a priority for FCC Chairman Julius Genachowski, until wireless industry lobbyists convinced him to abandon the effort, choosing an industry-sponsored voluntary plan instead.

Genachowski quietly put the FCC’s own proposed bill shock regulations on hold, which also likely means an abdication of the agency’s responsibility to closely monitor the wireless industry’s adherence to its own voluntary guidelines.

The CTIA Wireless Association, the industry’s largest trade and lobbying group, will be coordinating the “early warning” program, but will take their time implementing it.  The industry wants until October 2012 to implement the first phase of its program, which will send text messages for usage allowance depletion and excessive usage charges.  It also wants even more time — April 2013 — before the industry is expected to adopt additional service alerts.

Genachowski: Abdicated his responsibility to protect consumers in favor of the interests of the wireless industry.

The wireless industry’s plan is based entirely on early warning text messages.  It does not provide any of the top-requested protections consumers want to end the wallet-biting:

  1. The ability to shut off services once usage allowances are depleted until the next billing cycle;
  2. An opt-in provision which requires customers to authorize additional charges before they begin;
  3. The ability to shut off services and features on individual handsets on their account;
  4. The ability to easily opt-out of all roaming services, so sky high excess charges can never be charged to their accounts;
  5. Provisions to require providers to eat the bill if it is demonstrated that warning messages never arrived;
  6. Fines and other punishments for carriers who fail to meet the provisions of either a regulated or voluntary plan.

The CTIA’s plan won’t stop some of the horror stories Genachowski spoke about earlier this year, when he was still advocating immediate action by the Commission.  Among them:

  • Nilofer Merchant: Racked up $10,000 in international roaming and overlimit fees while visiting Toronto.  AT&T waited until after she returned to the United States before notifying her of the charges.  They “generously” agreed to reduce the bill to $2,000, which they ultimately pocketed.
  • A woman who rushed to attend to her sister in Haiti after the 2010 earthquake found more tragedy when her provider billed her $34,000 in roaming charges;
  • A man whose limited data plan ran out faced $18,000 in overlimit fees before the provider notified him his bill was going to be higher than normal that month.

The wireless industry’s chief lobbyist, CTIA president Steve Largent, declared total victory.

“Today’s initiative is a perfect example of how government agencies and industries they regulate can work together under President Obama’s recent executive order directing federal agencies to consider whether new rules are necessary or would unnecessarily burden businesses and the economy,” Largent said.

Consumer groups are less excited.

Text message warnings or not, the wireless industry still wants to be paid.

Joel Kelsey, a policy analyst at public interest group Free Press, said he was skeptical providers would be making their customers their first priority under the voluntary program.

“Asking the uncompetitive wireless industry to self-police itself is like asking an addict to self-medicate,” said Kelsey. “The FCC is charged by Congress to protect consumers, and they should use their authority to write a rule that puts an end to $16,000 monthly cellphone bills.”

“Wireless carriers are not charities — they will make the most revenue they can from their user base,” Kelsey said. “And since competition is weak in this industry, there aren’t natural incentives for companies to be on their best behavior.”

T-Mobile, which is in the process of trying to merge with AT&T, has agreed to discount Aarons’ bill to $2,500 and give her six months to pay.  Stop the Cap! reader Earl, who shared the story with us, suspects that kind of charity won’t last long.

“This won’t happen again if AT&T merges with T-Mobile,” Earl suspects.

While $2,500 is a considerable discount over the original bill, customers who have suffered from bill shock would prefer an even better deal — no surprise charges at all.

That kind of deal is unlikely if the FCC continues to defer to the wireless industry, who have few incentives to provide it.

Consumers can reduce the chances of wireless bill shock by checking with their wireless provider to see if roaming services can be left turned off unless or until you activate them.  Many companies also offer smartphone applications to track usage and billing, useful if you have a family plan and want to verify who is doing what with their phone.  Avoid taking your cellphone on international trips, and that includes Canada.  If you need a cell phone abroad, we recommend purchasing a throwaway prepaid phone when you arrive and rely on that while abroad.  Such phones can be had for as little as $10, and per-minute rates are usually substantially lower than the roaming charges imposed by providers back home.

If you must travel with your phone, carefully consider roaming rates before you go.  Some carriers may offer international usage plans that discount usage fees.  You can use Wi-Fi to manage data sessions, but it’s best to avoid high bandwidth applications while abroad altogether.  One movie can cost a thousand dollars or more in international roaming charges.

While T-Mobile could have provided warnings to Aarons’ own phone as her bill began to skyrocket, T-Mobile’s bill was ultimately correct.  Wireless phone users must take personal responsibility for the use of phones on their account.  Aarons’ brother ignored the handful of warnings T-Mobile claims to have provided, and the agony of the resulting bill no doubt created tension inside that family.  Don’t let a wireless phone bill tear your family apart.  Take steps to protect yourself, because it’s apparent the FCC won’t anytime soon.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/PBS NewsHour New Alerts to Stop Bill Shock 10-17-11.flv[/flv]

PBS NewsHour interviews FCC Chairman Julius Genachowski about the pervasive problem of “bill shock,” and why the Commission elected to defer to the wireless industry to voluntarily alert consumers when their bills explode.  (7 minutes)

No Matter the Technology, Fiber to the Home is Better… Period

Phillip Dampier October 18, 2011 Broadband Speed, Community Networks, Competition, Data Caps, Editorial & Site News, Public Policy & Gov't, Rural Broadband, Video Comments Off on No Matter the Technology, Fiber to the Home is Better… Period

Phillip "Wants a High Fiber Diet" Dampier

Believe it or not, there are still some people out there who believe wireless broadband, as it exists today, is the future of high bandwidth communications in North America.  Forget DSL, forget cable, forget fiber optics, they say.  Technology like 4G and WiMax are “far superior” and cheaper.

To be fair, most of the people advocating the technology Sprint is in the process of abandoning have a vested interest in stopping fiber broadband projects.  That is because while Verizon continues to sit on its hands expanding its excellent FiOS fiber-to-the-home service, some of the most aggressive fiber projects in the country are being built by your local town, city, or village government.  It’s community-owned broadband, by and for the people in your own area.  Large telecom interests that have always refused to deliver fiber service (or pretend to by using the word ‘fiber’ while not bringing a single strand to your home) have it in for potential competitors that are willing to provide the advanced fiber technology they won’t.

So why aren’t big phone and cable companies providing this level of service?  In a word, money.  Their shareholders don’t like the initial cost of deploying fiber to the home service, even though the technology is superior to what reaches your home today, is infinitely expandable without stringing new cables across town, and can support money-making applications developers and providers have not even dreamed of yet.  With a pervasive lack of competition, there is nothing to overcome Wall Street’s conclusion that fiber doesn’t deliver fast enough profits to justify the initial expense.

When you take Wall Street out of the equation, especially in the telecom sector, the math works very differently.  While the phone and cable company is probably telling you “no,” companies like Google are saying yes in Kansas City.  So are municipally-owned rural co-operative phone and cable companies.  Communities deciding broadband is too important to leave to the phone companies that deliver half their residents 1-3Mbps DSL and call it a day are saying yes to fiber optics as well.

Overseas, fiber networks are being built in countries in Eastern Europe where the economics would never make sense by Wall Street standards, yet residents (and perhaps more importantly new digital economy businesses) are now getting Internet speeds of 100Mbps or better.  The next countries that could import good-paying American jobs might be Lithuania, Latvia, Poland, Romania, and Bulgaria.

So what does it take to adapt to this reality in North America?  Providers that are willing to make a long term investment in fiber broadband — one that may take a few extra years to pay back, but will generate dividends like increased employment, capacity to provide better, faster service, more reliable networks, and earning a piece of the action powering North America’s new digital economy.  If they won’t listen, tell your elected officials to support policies that promote additional competition and back community broadband expansion that can make all the difference between 3Mbps DSL and 100Mbps fiber.

[flv width=”640″ height=”372″]http://www.phillipdampier.com/video/Fiber is Better.flv[/flv]

Watch and share this video with friends and family to educate them about the infinite possibilities of fiber optic broadband and learn why it is superior to usage-capped wireless, slow speed DSL, satellite fraudband, or lopsided cable “High Speed Internet” broadband that delivers high speed in only one direction. (3 minutes)

AT&T Billing and Service Practices Under Increasing Scrutiny After New Revelations

Phillip Dampier October 18, 2011 AT&T, Consumer News, Data Caps, Public Policy & Gov't, Video, Wireless Broadband Comments Off on AT&T Billing and Service Practices Under Increasing Scrutiny After New Revelations

AT&T admits it holds on to some customer data, including text message details, calling records, and billing statements for as long as seven years according to a new Justice Department document that raises privacy and security concerns.

“This disclosure reflects the importance of data minimization,” Greg Nojeim, senior counsel at the Center for Democracy and Technology in Washington, told Bloomberg News. “Some companies do a much better job of disposing of sensitive, personally identifiable information. Once such information is no longer needed for business-reasons, it shouldn’t be held onto because of the risks that it could be obtained by a hacker.”

Privacy advocates are also concerned the lengthy storage offers new opportunities for government intrusion into customer privacy, either for national security or law enforcement purposes.

Although every cell phone company maintains storage of customer and billing records, few keep the data for more than one year.  AT&T stores the data the longest, by far, and that bothers the American Civil Liberties Union of North Carolina:

AT&T/Cingular appears to keep all of its cell tower records since July 2008. How long do they plan to keep this data for? Are they just creating an infinite record of everywhere you’ve ever been with your cell phone? Do you remember where you were on September 28, 2008? If you have AT&T/Cingular, your phone company may know. And they might tell the cops.

But the company says it acts as a responsible steward of the information it warehouses.

AT&T gathers data to provide “the best customer experience possible” and uses “powerful encryption and other security safeguards to protect customer data,” according to the company’s privacy policy.

(Click to enlarge)

The ACLU chapter filed a Freedom of Information Act request to obtain the data seen above.  Once the ACLU won their request, the Justice Department publicly posted the information on their website.

In addition to basic billing and customer data, cell phone companies also record the specific cell towers used when making and receiving calls and the messages that travel across their networks, including where they originated and where they were sent.  The numbers called, call length, and the times of day when your phone is used the most were all recorded.  Some cell phone companies also use the data for marketing purposes.

Also in North Carolina, last week we shared the story of George Kontos, who single-handedly faced down AT&T, who overcharged his family for nearly two years’ of service.  After finally winning a refund of nearly $2,000, Kontos updates Stop the Cap! with news the North Carolina Attorney General’s office has taken an interest in the case and plans to launch a statewide investigation into AT&T’s billing practices.  If the state turns up problems, it’s only a matter of time before other states start their own investigations.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/WITI Milwaukee Five year dispute with ATT 10-10-11.mp4[/flv]

The Attorney General of Wisconsin might find something to investigate in Wauwatosa — namely one local woman’s five-year fight with AT&T to maintain basic landline phone service.  WITI in Milwaukee shares the story of Darnelle Kaishian, who considers fighting AT&T her “full time job.”  It’s so bad, her friends now visit her in person, because her phone almost never works.  (2 minutes)

iPhone 4S Pounding Sprint’s Network Into Dust: 0.21Mbps and Slowing….

Sprint customers are not thrilled with their new neighbors — the Apple iPhone 4S crowd that just moved into the network.

In several areas across the country, Sprint customers are howling about network speeds plummeting over the weekend, just as new iPhone owners began activating their phones.

“This is completely unacceptable,” Clive Dearstromm writes Stop the Cap!  “I have been a Sprint customer for five years, and while their network has never been the fastest, what has happened since Friday morning is ridiculous.  I can’t get beyond 210kbps.”

Dearstromm can’t even reliably access his e-mail on Sprint’s 3G network today, and Sprint has denied there is a service outage in Florida.

“Coincidence?  I think not,” he adds.

Other Sprint customers have also noticed, and are not happy.  In South Los Angeles, one customer reports speeds of around 170kbps on Sprint’s network.

“I moved from AT&T to Sprint because of unlimited data, but if this continues I might have to move back,” writes the customer. “I can’t even open a web page without taking a minute or two.”

Sprint denies there is a problem, telling PC Magazine:

“As always, Sprint is carefully monitoring the performance of the 3G network. We are looking into a small number of reports of slow data speeds when using the iPhone 4S, however there are also reports showing that Sprint’s network is the fastest, such as the Gizmodo report that came out earlier today. Speed tests represent a moment in time and are subject to many variables including weather, time of day, device, and proximity to a tower. Sprint will continue to monitor the feedback we are getting from our customers and will investigate and resolve any issues that may arise,” the company said in a statement.

PC Magazine questioned Gizmodo’s test results, suggesting Wi-Fi speed tests might be mucking up the accuracy of the results.  By this morning, it was evident Sprint was in last place, compared with AT&T and Verizon, and because speeds slowed the most during peak usage times, it’s a sure sign of network congestion.

Apple iPhone owners are a demanding crowd, and many of them aren’t happy about their Sprint iPhone experience either.  The new phone’s most important gimmick feature, Siri, does not work well on congested networks.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WNYW New York Siri and iPhone Activations 10-17-11.mp4[/flv]

WNYW-TV in New York found frustration demonstrating Siri, with or without the Sprint network.  It’s also apparent wireless carriers had some early trouble activating the enormous number of new iPhone handsets.  (6 minutes)

Customers want an explanation and an idea of when things will get better.  Thus far, Sprint has asked customers with speed problems to report them to the company for investigation, but some customer service representatives candidly admitted Sprint was unprepared for the massive number of new customer activations since Friday morning.

If things don’t get better soon, some of Sprint’s newest customers may take their business elsewhere.  Sprint accepts returns and penalty-free contract terminations within 14 days of the phone’s activation (not purchase) on Sprint’s network.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WPTZ W Palm Beach New Iphone4 launch the best yet for ATT 10-15-11.mp4[/flv]

Amidst dozens of stories of the iPhone 4S’ arrival, West Palm Beach’s WPTZ caught our attention as local law enforcement had to be called in to manage the inevitable traffic jams wherever the new phone went on sale.  (2 minutes)

NC Man and Deputy Sheriff Move to Seize AT&T Store Over Unpaid Internet Overcharging Judgment

A Winston-Salem man with a judgment from a North Carolina court in hand shocked AT&T store employees on Summit Square Boulevard Tuesday when he walked in with a Forsyth County Sheriff’s deputy to serve AT&T a court order that allowed the Sheriff’s Office to seize the store’s assets and sell them to satisfy his $2,000 judgment.

George Kontos says AT&T has been stonewalling his family for more than three months after winning a lawsuit against AT&T for Internet Overcharging.  The company had been stalling Kontos with paperwork requests, but a visit by a sheriff’s deputy prepared to begin selling off the store’s property to pay Kontos managed to finally get AT&T to act.

“AT&T is making arrangements to pay the sum owed to the Kontos family and will deliver the payment to the appropriate entity,” an AT&T spokesperson said in a statement.

Kontos had little trouble arguing his case in small claims court.

(Courtesy: WFMY News)

“When I went into AT&T to look at the plan, I wanted to make sure I had a comparable data plan with what I had been using and the rep pulled up the account and obviously even as an AT&T employee it must have been outstanding for him because his first reaction was, ‘wow you’re paying too much,'” Kontos told WFMY News.

With an AT&T employee on his side, Kontos thought AT&T would do the right thing and credit his account for 24 months of overcharging.  AT&T agreed to partial credits for the last five months.  Kontos said he would see the company in court.

In July, a county small claims court judge quickly found for Kontos and handed him a judgment and Kontos has been waiting by his mailbox for AT&T’s check ever since.

Kontos calls the matter a real David vs. Goliath story, and openly wonders how many other customers in the Triad are being overcharged by AT&T.

“Demand that they review your account for the last two years minimum,” he told the station. “Find out what you’ve been paying. Find out what other rate plans exist. Find out what you could have been paying and if you’ve got money that’s owed to you, get it back.”

If AT&T won’t provide an owed refund willingly, and you live in North Carolina, you can use this form — the same one used by the Kontos family — to sue AT&T yourself.

[flv width=”640″ height=”447″]http://www.phillipdampier.com/video/WFMY Greensboro Customer George Kontos Took ATT Mobility To Court And Won 10-7-11.flv[/flv]

WFMY in Greensboro shares the story of the Kontos family, who discovered they were overcharged for a data plan for more than two years.  When the company refused to issue an appropriate credit, Kontos took the company to court and won.  (2 minutes)

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