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Rep. Brindisi Questions Spectrum’s “Unfair and Sneaky” Debt Collection Practices

Phillip Dampier January 8, 2020 Charter Spectrum, Consumer News, Public Policy & Gov't Comments Off on Rep. Brindisi Questions Spectrum’s “Unfair and Sneaky” Debt Collection Practices

Brindisi, as he appeared in a campaign ad slamming Charter Spectrum in the summer of 2018.

Rep. Anthony Brindisi (D-N.Y.), who made his battle with Spectrum into an election issue in 2018, is not done with the cable company yet.

This week, Brindisi appealed to the Consumer Financial Protection Bureau (CFPB) to launch an investigation into the cable company’s debt collection practices.

“Fighting Spectrum on rising rates also includes making sure they can’t use debt collection as another money-making tactic,” said Brindisi. “And the only way to get to the bottom of this is for the CFPB to ask the questions I outline in my letter.”

Brindisi is targeting Credit Management L.P., a Plano, Tex. collection agency that Spectrum relies on to pursue former customers, often to seek compensation for “lost or unreturned equipment.”

“After believing they had paid their final bill in full and returned their equipment, customers are finding themselves face-to-face with this unknown debt collector from Plano, Texas,” Brindisi told the CFPB. “One former Spectrum customer learned from Credit Management L.P. that they owed over $100 long after amicably ending their service. Spectrum never notified this customer they owed a penny. Instead, they sent them to collections, potentially damaging their credit rating and giving up their social security number and other personal information.”

In some cases, customers are being turned over to the collection agency for as little as an allegedly unreturned remote control. As a result, consumers are ending up with damaged credit because of the reported collection activity.

“The Better Business Bureau has logged hundreds of complaints about Credit Management L.P.,” Brindisi added. “Many of these complaints have been about their debt collection practices related to cable and internet companies. Customers have specifically named Spectrum and other cable companies as the source of the erroneous debt. A consumer should not be sent to a debt collector, without warning, for a missing remote control. That is both unfair and a sneaky way Spectrum might be padding its bottom line, which would be unacceptable, worthy of investigation and potentially in violation of federal rules.”

Brindisi wants the CFPB to determine how many customers are being pursued by Credit Management, L.P., how those customers are contacted, how much of the collection agency’s efforts relate to being compensated for allegedly unreturned equipment as opposed to late or non-payment of monthly cable bills, and how the agency handles customers’ private personal information.  Brindisi also wants the CFPB to determine if the collection practices violate federal law.

Brindisi also urged constituents being contacted by Credit Management L.P., on behalf of Spectrum, to call his office at (315) 732-0713.

In addition to running campaign commercials that slammed Spectrum, Brindisi has doggedly pursued the cable industry as a freshman congressman representing an Upstate New York district extending from the east end of Lake Ontario through Central New York to the Pennsylvania border, including the cities of Utica, Rome and Binghamton. Brindisi introduced the Transparency for Cable Consumers Act, promising to provide better oversight of cable and internet providers and hold companies accountable that are fined by a state Public Service Commission. In November, Brindisi slammed Spectrum in an opinion piece outlining his efforts to hold Spectrum accountable. Brindisi also recently launched a district-wide survey of home internet speeds and service to determine if internet customers are getting advertised internet speeds.

CREDO Mobile Closes Progressive CREDO Action Campaign Without Explanation

Phillip Dampier January 7, 2020 Consumer News, Public Policy & Gov't 2 Comments

Several progressives were surprised to learn that CREDO Mobile (formerly Working Assets Wireless), a mobile virtual network operator that advocates for progressive causes, today closed down its CREDO Action activism arm and announced it was ceasing all further involvement in activism campaigns.

The CREDO Action website, which had recently been protesting against perceived Republican bias against the impeachment of President Donald Trump, was the advocacy arm of CREDO, a self-described social change organization that funds grassroots activism campaigns and progressive non-profit groups with revenue earned from CREDO branded credit cards, CREDO Mobile phone service and CREDO Energy. The group, originally launched in 1985 under the Working Assets Long Distance brand, had been integrally involved in many progressive campaigns, including preserving net neutrality, and has been a strong supporter of the progressive wing of the Democratic Party.

No explanation was given on the CREDO Action website, beyond thanking supporters and linking to a video reviewing the group’s major accomplishments in 2019. Many progressives were shocked by the surprising announcement, which came this afternoon without warning.

The decision is likely to cause the loss of jobs for at least a dozen of CREDO Action’s leadership and campaign staffers, who managed the group’s outreach and calls to action.

Sprint Shutting Down Virgin Mobile; Remaining Customers Being Switched to Boost Mobile

Phillip Dampier January 7, 2020 Boost Mobile, Sprint, Virgin Mobile 2 Comments

Sprint’s prepaid mobile division

Sprint will be closing down its prepaid Virgin Mobile service in February and will shift customers to its Boost Mobile brand instead and drop its standalone Mobile Broadband service.

The wireless company has virtually ignored Virgin Mobile at least as long as Sprint has been in negotiations to merge operations with T-Mobile USA. The Virgin Mobile website has also been neglected, with no media releases for almost two years and over two years of unchanged rates. Last October, Sprint dropped its last major retail arrangement with Walmart that allowed Virgin Mobile devices and airtime to be sold in Walmart stores. Best Buy and several grocery chains ended sales of Virgin Mobile devices even earlier. As of late last year, new customers could only sign up for Virgin Mobile through its own website, a sure sign Sprint was prepared to accept customer attrition and was likely to pull support for the prepaid brand.

Sprint inherited Boost Mobile after it acquired Nextel in 2005. Boost Mobile had offered its own prepaid service over Nextel’s push-to-talk network beginning in 2001. After Sprint shuttered Nextel’s network, it operated both Virgin Mobile and Boost Mobile on Sprint’s network as competing prepaid wireless services. In the last two years, Sprint apparently decided it only needed to support a single brand, and quietly began shifting its marketing exclusively towards Boost.

This week, Sprint confirmed it was shutting down the Virgin Mobile brand in the U.S. in a prepared statement.

“We regularly examine our plans to ensure that we’re offering the best services in line with our customer needs. Beginning on the week of Feb. 2, we will be moving Virgin Mobile customer accounts to our sister brand Boost Mobile – consolidating the brands under one cohesive, efficient and effective prepaid team. In most circumstances, customers can keep their current phone and will receive a comparable or better Boost Mobile service plan with no extra cost.”

The transition will strand Virgin Mobile Broadband and Broadband2Go customers that use a standalone device for mobile broadband service, often used by RV-traveling customers or those in rural areas. Sprint has decided that Boost Mobile will not serve those customers, so mobile data service provided over standalone hotspot devices will end next month.

An FAQ on Virgin Mobile’s website provides some other insight:

Customers were notified in early January about the decision to discontinue Virgin Mobile USA service plans. At that time, we informed customers of the transfer to Boost Mobile. In most instances, your existing account will be transferred to Boost Mobile with your device, and a comparable or better Boost Mobile service plan at no extra cost to you. You will keep your phone number, and your monthly payment date will remain the same as long as you continue on time payments until the transfer to Boost Mobile is complete.

At this time, paying for your service through your PayPal account will not be supported on your new Boost Mobile account and therefore, Paypal will be removed as a registered payment vehicle 4-5 days prior to the migration date. Customers enrolled on a payment method or AutoPay with PayPal accounts will need to re-establish payment options and re-enroll in Autopay using a major credit/debit card. Boost Mobile also does not accept 45/90 Day Top Up Payment Option for service payments. Customers enrolled in 45/90 Day Top Up Payment option will need to re-establish payment option and re-enroll in a Low Balance Autopay option using a major credit/debit card prior to transition in order to avoid service interruption. If your account is impacted by either of these payment methods, we will notify you with instructions for how to make changes prior to transfer date in order to avoid service interruption. Please note the Texas LIDA credits will no longer be issued following transfer to Boost Mobile.

  • Taxes and fees will now be INCLUDED in your new Boost Mobile plan.
  • 6,800 Boost Mobile locations nationwide for your convenience.
  • 99% nationwide coverage with voice roaming.
  • Boost Perks, a reward program exclusive to Boost Mobile customers.

If you have a Mobile Broadband (MBB) device, this device and service will not transfer to Boost Mobile.

In order to avoid service interruption for your MBB, you will need to switch your service to a new provider. If you choose to consider Boost Mobile, please visit Boostmobile.com or your nearest Boost Mobile store for information and current promotions.

The wind down of Virgin Mobile may also serve as a bit of housekeeping as Sprint prepares to merge with T-Mobile. A condition of that merger is spinning off Sprint’s prepaid services including Boost Mobile service to DISH Network to create another viable national wireless carrier to protect competition. Dropping Virgin Mobile now is likely to provide an easier transition for DISH, which would launch operations with a combination of Virgin Mobile and Boost Mobile customers.

FCC Awards Viasat $87.1 Million to Connect 121,700 Rural Homes to Satellite Internet

More than 121,000 homes and businesses in 17 states will receive subsidized satellite internet service from Viasat, after the Federal Communications Commission awarded $87.1 million to connect customers at those locations at a cost of just over $715 per customer.

The money is part of the ongoing Connect America Fund (CAF) program, designed to subsidize the costs of delivering internet access in high-cost, typically rural areas. The current iteration of the program is dispensing funding over 10 years to 45 states. Viasat won the funding through an auction procedure that makes it easy for satellite providers to win funding because of low infrastructure costs to service rural areas that lack a wired internet service provider.

An additional $2.1 million was awarded to some other providers:

  • Fixed wireless provider LTD Broadband, which relies on 1,500 wireless internet tower sites covering over 40,000 square miles of Iowa, Minnesota, Nebraska and South Dakota.
  • Horry Telephone Cooperative, which serves rural customers in Horry County, S.C.
  • Bruce Telephone Company, which won funding for parts of Wisconsin to deliver gigabit internet service.
  • JCWIFI, which provides fixed wireless internet within a 3,000 square mile service area covering parts of Illinois, Iowa and Wisconsin.

In addition to the upper Midwest and South Carolina, the biggest states expected to benefit from the latest awards are (northern) California and Wyoming.

At least $2 billion in subsidy funds became available after larger providers — AT&T, CenturyLink and Verizon turned down funding because the companies had no interest in building out their networks in rural service areas.

Regulators… Captured: AT&T Gets FCC to Omit Bad Internet Speed Scores It Doesn’t Like

Phillip Dampier December 12, 2019 Altice USA, AT&T, Broadband Speed, Charter Spectrum, Comcast/Xfinity, Consumer News, Cox, Mediacom, Public Policy & Gov't Comments Off on Regulators… Captured: AT&T Gets FCC to Omit Bad Internet Speed Scores It Doesn’t Like

AT&T was unhappy with the low internet speed score the FCC was about to give the telecom giant, so it made a few phone calls and got the government regulator to effectively rig the results in its favor.

“Regulatory capture” is a term becoming more common in administrations that enable regulators that favor friendly relations with large companies over consumer protection, and under the Trump Administration, a very business-friendly FCC has demonstrated it is prepared to go the distance for some of the country’s largest telecom companies.

Today, the Wall Street Journal reported AT&T successfully got the FCC to omit DSL speed test results from the agency’s annual “Measuring Broadband America” report. Introduced during the Obama Administration, the internet speed analysis was designed to test whether cable and phone companies are being honest about delivering the broadband speed they advertise. Using a small army of test volunteers that host a free speed testing router in their home (full disclosure: Stop the Cap! is a volunteer host), automated testing of broadband performance is done silently by the equipment on an ongoing basis, with results sent to SamKnows, an independent company contracted to manage the data for the FCC’s project.

In 2011, the first full year of the program, results identified an early offender — Cablevision/Optimum, which advertised speed it couldn’t deliver to many of its customers because its network was oversold and congested. Within months, the company invested millions to dramatically expand internet capacity and speeds quickly rose, sometimes beyond the advertised level. In general, fiber and cable internet providers traditionally deliver the fastest and most reliable internet speed. Phone companies selling DSL service usually lag far behind in the results. One of those providers happened to be AT&T.

In the last year, the Journal reports AT&T successfully appealed to the FCC to keep its DSL service’s speed performance out of the report and withheld important information from the FCC required to validate some of the agency’s results.

The newspaper also found multiple potential conflicts of interest in both the program and SamKnows, its contracted partner:

  • Providers get the full names of customers using speed test equipment, and some (notably Cablevision/Optimum) regularly give speed test customers white glove treatment, including prioritized service, performance upgrades and extremely fast response times during outages that could affect the provider’s speed test score. Jack Burton, a former Cablevision engineer said “there was an effort to make sure known [users] had up-to-date equipment” like modems and routers. Cablevision also marked as “high priority” the neighborhoods that contained speed-testing users, ensuring that those neighborhoods got upgraded ahead of others, said other former Cablevision engineers close to the effort.
  • Providers can tinker with the raw data, including the right to exclude results from speed test volunteers subscribed to an “unpopular” speed tier (usually above 100 Mbps), those using outdated or troublesome equipment, or are signed up to an “obsolete” speed plan, like low-speed internet. Over 25% of speed test results (presumably unfavorable to the provider) were not included in the last annual report because cable and phone companies objected to their inclusion.
  • SamKnows sells providers immediate access to speed test data and the other data volunteers measure for a fee, ostensibly to allow providers to identify problems on their networks before they end up published in the FCC’s report. Critics claim this gives providers an incentive to give preferential treatment to customers with speed testing equipment.

Some have claimed internet companies have gained almost total leverage over the FCC speed testing project.

The Journal:

Internet experts and former FCC officials said the setup gives the internet companies enormous leverage. “How can you go to the party who controls the information and say, ‘please give me information that may implicate you?’ ” said Tom Wheeler, a former FCC chairman who stepped down in January 2017. Jim Warner, a retired network engineer who has helped advise the agency on the test for years, told the FCC in 2015 that the rules for providers were too lax. “It’s not much of a code of conduct,” Mr. Warner said.

An FCC spokesman told the Journal the program has a transparent process and that the agency will continue to enable it “to improve, evolve, and provide meaningful results as we move forward.”

The stakes of the FCC’s speed tests are enormous for providers, now more reliant than ever on the highly profitable broadband segment of their businesses. They also allow providers to weaponize  favorable performance results to fight off consumer protection efforts that attempt to hold providers accountable for selling internet speeds undelivered. In some high stakes court cases, the FCC’s speed test reports have been used to defend providers, such as the lawsuit filed by New York’s Attorney General against Charter Communications over the poor performance of Time Warner Cable. The parties eventually settled that case.

In 2018, the key takeaway from the report celebrated by providers in testimony, marketing, and lobbying, was that “for most of the major broadband providers that were tested, measured download speeds were 100% or better of advertised speeds during the peak hours.”

Comcast often refers to the FCC’s results in claims about XFINITY internet service: “Recent testing performed by the FCC confirms that Comcast’s broadband internet access service is one of the fastest, most reliable broadband services in the United States.” But in 2018, Comcast also successfully petitioned to FCC to exclude speed test results from 214 of its testing customers, the highest number surveyed among individual providers. In contrast, Charter got the FCC to ignore results from 148 of its customers, Mediacom asked the FCC to ignore results from 46 of its internet customers.

Among the most remarkable findings uncovered by the Journal was the revelation AT&T successfully got the FCC to exclude all of its DSL customers’ speed test results, claiming that it would not be proper to include data for a service no longer being marketed to customers. AT&T deems its DSL service “obsolete” and no longer worthy of being covered by the FCC. But the company still actively markets DSL to prospective customers. This year, AT&T also announced it was no longer cooperating with SamKnows and its speed test project, claiming AT&T has devised a far more accurate speed testing project itself that it intends to use to self-report customer speed testing data.

Cox also managed to find an innovative way out of its poor score for internet speed consistency, which the FCC initially rated a rock bottom 37% of what Cox advertises. Cox claimed its speed test results were faulty because SamKnows’ tests sent traffic through an overcongested internet link yet to be upgraded. That ‘unfairly lowered Cox’s ratings’ for many of its Arizona customers, the company successfully argued, and the FCC put Cox’s poor speed consistency rating in a fine print footnote, which included both the 37% rating and a predicted/estimated reliability rating of 85%, assuming Cox properly routed its internet traffic.

The FCC report also downplays or doesn’t include data about internet slowdowns on specific websites, like Netflix or YouTube. Complaints about buffering on both popular streaming sites have been regularly cited by angry customers, but the FCC’s annual report signals there is literally nothing wrong with most providers.

Providers still fear their own network slowdowns or problems during known testing periods. The Journal reports many have a solution for that problem as well — temporarily boosting speeds and targeting better performance of popular websites and services during testing periods and returning service to normal after tests are finished.

James Cannon, a longtime cable and telecom engineering executive who left Charter in February admitted that is standard practice at Spectrum.

“I know that goes on,” he told the Journal. “If they have a scheduled test with a government agency, they will be very careful about how that traffic is routed on the network.”

As a result, the FCC’s “independent” annual speed test report is now compromised by large telecom companies, admits Maurice Dean, a telecom and media consultant with 22 years’ experience working on streaming, cable and telecom projects.

“It is problematic,” Dean said. “This attempt to ‘enhance’ performance for these measurements is a well-known practice in the industry,’ and makes the FCC results “almost meaningless for describing actual user experience.”

Tim Wu, a longtime internet advocate, likened the speed test program as more theoretical than actual, suggesting it was like measuring the speed of a car after getting rid of traffic.

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