Senator Amy Klobuchar

Senator Amy Klobuchar (D-Minnesota) is expected to introduce legislation this week to protect consumers from excessive early termination fees for ending their cell phone contracts early.

The Cell Phone Consumer Empowerment Act comes a few weeks after Verizon Wireless doubled their cancellation fees November 15 from $175 to $350 for “advanced” mobile phones.

Klobuchar sent a letter to Verizon Wireless President and CEO Lowell C. McAdam, criticizing the company’s decision to increase its Early Termination Fees (ETFs) for new smart phone customers.  Klobuchar also sent a letter to Federal Communications Chairman (FCC) Julius Genachowski, urging a review of the Verizon Wireless decision to raise these fees.

“These fees are anti-consumer and anti-competitive and they bear little to no relationship to the cost of the handset device,” said Klobuchar, a member of the Senate Commerce Committee.

Klobuchar’s bill is anticipated to specifically target Verizon Wireless over its decision to double fees for consumers.  Although the specific details of how the legislation will control fees is still being worked out, Klobuchar’s bill is expected to force providers to incrementally reduce fees for every month of service a customer completes and possibly set a ceiling on the fee charged depending on the retail price of the phone.

Klobuchar introduced a similar bill during the last session of Congress and many cell phone providers responded by pro-rating cancellation fees for departing customers, typically 1/24th of the fee waived for each month a customer stayed with the provider during a two-year contract.  But Verizon Wireless’ decision to double their fee, which could set a new trend in the industry, directly increases prices for consumers, according to Klobuchar.

“Under the company’s new plan, the penalty for leaving the contact halfway through a two-year contract would be $230 – still higher than the $175 ETF Verizon Wireless previously charged for these phones,” Klobuchar wrote to McAdam.

Verizon Wireless is the nation’s largest cell phone service provider.  Verizon customers purchasing an Advanced Device (smart phone) with a one or two year service agreement will be subject to an ETF of up to $350 if they disconnect service prior to the minimum term.  The $350 ETF will decrease $10 for each month of service completed.

The cell phone industry has defended cancellation fees as necessary because providers subsidize the cost of the cell phones sold to consumers.  Customers can purchase phones at the retail price and not be committed to any contract or termination fees.  Some advanced handsets can cost well over $500 if purchased without a contract.

Copies of correspondence to McAdam and Genachowski appear below.

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When dealing with an increasingly deregulated telecommunications industry, legislative relief from bad company practices is usually unavailable.  Some customers turn to the courts, through class action lawsuits brought against companies that can’t or won’t do the right thing.  Unfortunately, all too often such actions never bring more than bottom dollar refunds or coupons that can only be redeemed with the provider that treated you badly in the first place.  The real spoils are reserved for the lawyers bringing the case.

In Illinois, that has been proven true yet again as a Madison County judge orders refunds of $21.20 for nearly 700,000 formerly-Illinois Bell business customers who deserved refunds dating back to 2001, but never got them.

Judge Daniel Stack ruled that AT&T, current owner of the impacted area, should pay $21,671,857 total.

But more than $7,000,000 of that will never reach wrongfully charged customers.  Instead, that money will be diverted to pay the lawyers who brought the class action case.

The Madison-St. Clair Record did the math:

[Judge Stack] awarded a third of the judgment, more than $7 million, to class action lawyers Terrence O’Leary of Granite City, Glenn Bradford of Edwardsville, Thomas Londrigan and Timothy Londrigan of Springfield, and Mary Leahy of Springfield.

Stack wrote that they expended more than 3,000 hours on the case.

That would mean they made about $2,400 an hour.

Subtracting their fee leaves less than $15 million for customers, and Stack conceded that complete payment “may be impossible and/or impracticable.”

He ruled that Land of Lincoln Legal Assistance Foundation should receive all funds that remain after AT&T has issued credits to current customers.

Legal firms that bring class action lawsuits should be paid for taking the risk of bringing the case, but far too often they, along with one or two original class members, profit handsomely while those actually harmed are left with little once the spoils are divided.  Lawyers and key class members are paid in full (or well beyond) while those victimized are handed lunch money or coupons for a free month of phone features or some other limited value giveaway.  Doesn’t this call into question why any customer would want to participate in such suits in the first place?

Your company has been in bankruptcy since late March.  Investors wiped out, debtors in court fighting settlements, you try and hang on by keeping customers from fleeing for the limited alternatives.  You also overpay your management to make sure they don’t flee with annoyed customers.  Charter CEO Neil Smit, who waltzed Charter into bankruptcy under his leadership, effectively doubled his salary, becoming St. Louis’ top paid executive, negotiating a $6 million dollar bonus if he helped waltz the company out of bankruptcy.  If he agrees to do his job after that, he gets another bonus.  How nice.

Now that Charter is looking for the bankruptcy exit door, it’s time for someone to pay.  It won’t be Smit.  It will be Charter’s customers.

In addition to across the board price increases, Charter is also considering slapping Internet Overcharging schemes on their broadband customers with “consumption-based billing” sometime next year, Smit told Bloomberg News.

Charter’s failure didn’t come about because their broadband users are using their service too much.  It came from bad management decisions that have plagued the company since it went public in 1999.  Charter has never had a single year since when it did not report a loss, eventually accumulating an enormous $21 billion in debt through mergers and acquisitions and efforts to keep its position as the nation’s fourth largest cable operator.

Now, that same bad management team will be making all-new bad decisions to further alienate Charter’s remaining 5.3 million customers.  Many of them will be hearing from AT&T to switch to U-verse soon enough.

Perhaps instead of punishing customers, Charter should consider replacing the people that put the company where it is today.  If Charter needs money to upgrade their network, why not start with the ridiculous salaries paid to reward the people that failed the company and its customers in the first place.

Tell Charter Cable if they bring consumption billing to your area, you’ll waltz your business to the other provider in town.

Until the National Broadband Plan is in place and additional capacity is brought online, Australians make do with usage limited broadband service from Brisbane to Perth.  With prices all over the map, choosing the right plan to minimize your exposure to Internet Overcharging schemes is more important than ever.

VoIP-Sol.com, an independent blog covering the global broadband market, took a look at several popular options and discovered some revealing findings (All prices in Australian dollars – $1AUD = $0.91US — Stated speeds are relative and reflect the maximum possible, not necessarily the actual):

The Fastest Broadband Plan in Australia
BigPond’s 30,000Kbps +400MB cable plan is the fastest available (that speed available in select areas of Melbourne and Sydney only — up to 17Mbps service elsewhere), but at a hefty price: $49.95 a month with a cap of 400 megabytes. Data past the cap is charged $0.15 per megabyte. BigPond will discount the monthly charge by $10 if it is bundled with a Telstra home phone line. This plan requires a monthly contract, and there is no peak time.

The Australian Broadband Plan With the Biggest Cap
iPrimus’s Big Kahuna and Dodo’s Rhodium plan both come with 200gb of service each month over ADSL. Dodo’s setup fee of $69.99, but the monthly charge is $10 a month cheaper than iPriumus at $69.95 a month, and an additional $10 is discounted for Dodo’s home phone customers. The Big Kahuna could go on the fastest list at 24,000Kbps, while Rhodium is a still impressive 20,000Kbps. (Keep in mind ADSL speeds vary considerably depending on how far away you are from the telephone company’s exchange office.)

Australia’s Cheapest Broadband Internet Plan
The Starter Plan from Netspace may seem like a bargain with speeds of 20,000kbps for only $9.95 a month, but the setup fee is a staggering $149.

Dodo Bronze is $19.90 a month, or $9.90 a month when bundled with one of their home phones, beating Netspace by five cents. However, this gives you a tiny download cap of 150mb, with an equally low download speed of 256kbps. Excess data is charged at $0.18 per megabyte, which even the most frugal user will probably reach. The Bronze plan also requires a twenty-four month contract.

Surprisingly, the next cheapest option is Optus’ Mobile Wireless Broadband. When included with mobile or home phone service, Optus charges $19.99 a month for cellular-based Internet. Like Dodo Bronze, the download speed is limited to 256Kbps, while downloads are capped at 1 GB. Most people who buy this plan will be more interested in the service’s convenience than its performance.

There are many other regional services available in different parts of the country with their own pricing and policies.  But nearly all share a usage cap combined with “peak” and “off-peak” usage pricing, designed to prod you into confining use of your highest bandwidth applications during off-peak hours (typically between midnight and noon).  Many providers give you a bonus usage allowance to use during off peak hours, often much higher than the peak usage allowance.  In Australia, providers don’t necessarily punish you with overlimit fees and penalties for exceeding your limit, they just turn the speed of your connection down… often way down (64kbps, slightly faster than dial-up, is common) once your limit is reached for the month.  Speeds return when a new billing period begins.

Australians complain about paltry usage caps with such regularity, the government has set about constructing better broadband infrastructure to improve service.  Private providers have dragged their feet, preferring slower upgrade paths and tamping down demand with usage limitations, reducing the need to invest in their networks.  Domestic online video services and other high bandwidth innovation is greatly stifled in the country because of punishing usage limits which make consumers fear using them.

With the expansion of international connectivity and a more robust domestic network, Australians look forward to the day they can see usage caps as a thing of their past.

A federal judge Wednesday ruled that Verizon Wireless can continue to run its 3G network ads, suggesting they might be “sneaky,” but are not misleading.  U.S. District Court Judge Timothy Batten Sr. told AT&T’s attorneys that their request for a temporary restraining order was denied, but the judge indicated he will hear new arguments in a second hearing on December 16.

AT&T claimed that Verizon’s “There’s a Map for That” ad campaign mislead consumers into believing AT&T provided no service in vast areas of the country because Verizon’s ads depicted non 3G service areas in white, a color that traditionally represents “no service” on many cell phone coverage maps.

Judge Batten said people casually viewing the ads might misunderstand the commercials, but a viewer’s misinterpretation “doesn’t mean they’re misleading.”

“Most people who are watching TV are semi-catatonic,” he said, prompting laughter from the courtroom. “They’re not fully alive.”

AT&T’s apparent backup plan is a new ad of its own, attacking Verizon Wireless with… Luke Wilson.

[flv width=”640″ height=”450″]http://www.phillipdampier.com/video/ATT Ad Luke Wilson.flv[/flv]

Actor Luke Wilson helps AT&T Mobility fire back at Verizon Wireless as the holiday season approaches. (30 seconds)

The effectiveness of Wilson’s spirited defense of AT&T is debatable, judging from early ad reviews.  We spotted one continuity error straight away.  At the 0:15 second mark, notice the “Access to over 100,000 apps” box is already filled with an “x” before Wilson turns to the board to fill it.  The “x” is there before it’s gone and back again.  Perhaps it’s an unintentional homage to the frustration experienced by AT&T-exclusive iPhone application developers not getting approval for applications previously approved.