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)

Bell Mobility and its parent company, Bell Canada are facing a $100 million class action lawsuit that claims expiration dates on Bell’s prepaid wireless service are illegal.

Ontario’s Consumer Protection Act bans expiration dates from gift cards.  The Toronto law firm of Sack Goldblatt Mitchell LLP alleges that prepaid wireless services, often topped up with prepaid cards, should be treated just like gift cards and not subject to expiration dates that wipe out available balances.

The suit was filed on behalf of Celia Sankar of Elliot Lake, Ont.

Sankar is founder of the DiversityCanada Foundation, a non-profit group that fights for diversity, inclusion and harmony among Canadians. Sankar had her Bell Mobility prepaid balances wiped out on two occasions because she did not use her available balance or “top-up” her account with additional funds within the time window specified by Bell.

A $15 Bell Mobility prepaid top-up card expires in 30 days. A $25 top-up card expires in 60 days. Customers can buy a $100 card and avoid losing their balance for one year. Accounts with a $0 balance for 120 days will be terminated.

“Because the prepaid wireless service is the least expensive way to have a phone, and does not require a credit card or a bank account, it is often the only option for youth, new immigrants, workers on minimum wage, the unemployed, people on disability and seniors on fixed incomes,” Sankar said. “These are the people who can least afford to have their funds forfeited or to have their mobile services cut off.”

Bell declared the suit was without merit and intends to fight it.

If the case is certified as a class-action suit, Bell faces the prospect of defending itself against all Ontario residents who have used Bell’s prepaid services since May 4, 2010. Those brands include Bell Mobility, Solo Mobile, and Virgin Mobile Canada.

HughesNet customers unjustly cut off from their Internet service for violating the company’s “Fair Access Policy,” or who paid an early termination fee when they realized satellite Internet was not for them may qualify for a settlement payment ranging from $5-40, or “tokens” that can provide a temporary free pass from the company’s usage caps as part of a class action lawsuit settlement.

Broadband Reports‘ readers who subscribe to the satellite provider first mentioned receipt of the settlement paperwork, which provides cash payments for ex-HughesNet customers who subscribed to any of the following Hughes Consumer Service Plans between May 15, 2005 – March 2, 2012:

Home, Pro, Pro Plus, Small Office, Business Internet, Elite, ElitePlus, ElitePremium, Basic, Power 150 and Power 200

Customers who canceled service are qualified to receive the cash payments. Those who paid an early termination fee prior to Dec. 6, 2010 will receive $40. Those who canceled as of March 2, 2012 and did not pay an early termination fee will receive $5. HughesNet also promised to implement a new sliding scale for their early termination fee. Each month you remain a customer under a service contract will reduce the amount of the fee by a proportional amount.

Current customers do not receive a cash settlement. Instead, they will be provided with a minimum of one “Restore token” per calendar month for the next 18 months. That may be nothing special — HughesNet already provides one token per month to every customer.

The HughesNet Fair Access Policy includes a download allowance. Users who exceed their allowance will have their service speeds reduced during the “Recovery Zone” for about 24 hours, after which speeds return to normal. Customers can apply their Restore token as a “get out of jail free” card, instantly restoring normal speeds.

HughesNet was sued for misleading customers about the company’s onerous usage limits and expensive early termination fee policy.

The lawyers bringing the case will receive fees, costs and expenses of up to $630,000. Up to $5,000 will be paid to each of the three Class Representatives that were part of the original lawsuit. Those seeking relief under the settlement have until September 28, 2012 to apply.

Complete information on the settlement and how to apply is available at: Satelliteinternetsettlement.com

A TV news crew from Salt Lake City that sent undercover reporters into an AT&T store, successfully reactivating a smartphone reported lost or stolen, returned Tuesday with cameras running looking for answers.

KTVX News found AT&T stores maintain activation policies that are exceptionally friendly to smartphone thieves, who can reactivate lost or stolen phones with no questions asked.

Stop the Cap! shared video from the station earlier this week showing AT&T employees making life difficult for victims of cell phone theft, but enthusiastically willing to collect money from new customers who received or purchased the stolen property.

A California class action lawsuit has been filed against AT&T over how it handles stolen cell phones.

According to the suit AT&T is, “forcing legitimate customers…to buy new cell phones, and buy new cell phone plans, while the criminals who stole the phone are able to simply walk into AT&T store and re-activate the devices using different, cheap, readily available SIM cards.”

KTVX originally sought to check whether AT&T had the same thief-friendly policies in place in Utah.  It turned out the answer was yes — AT&T will turn back on any phone as long as you “put money on it.”

Text from a California class action lawsuit against AT&T

“All you would have to do is pay for the plan,” said an unnamed AT&T store employee. “We’ll set up your account with your ID, and then put the new SIM card in there and put money on it.”

A day after the undercover operation, the TV station confronted the manager at the AT&T store just outside Valley Fair Mall, in West Valley City. He refused to answer questions.

“You can’t tell us anything about whether you know employees are doing that here?” asked reporter Brian Carlson.

“I’m not going to give you any comment on that,” he said.

The store manager referred questions to a regional AT&T representative, but the station could only reach his voicemail.

AT&T’s reactivation policies are not shared by Verizon Wireless, which claims it will not reactivate a phone reported lost or stolen on its network for any reason, except if the request comes from the original phone owner.  AT&T’s policies, according to the lawsuit, help fuel cell phone theft by making it easy for thieves to sell stolen equipment to buyers confident they can reactivate and use the equipment immediately after purchase.

AT&T says they’re working on a new plan with the Federal Communications Commission and other cell phone providers to create a centralized database of stolen phones that would keep them from being activated by any wireless carrier.  That plan could be in place by the end of this year.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/KTVX Salt Lake City ABC 4 confronts ATT store 5-1-12.mp4[/flv]

ABC4 reporters return, with cameras running, to the same AT&T store that a day earlier helpfully reactivated a phone that could have been lost or stolen, no questions asked.  (2 minutes)

AT&T is facing a class action lawsuit from customers who allege the wireless giant is profiting handsomely from the stolen smartphone trade.

The suit, filed in California, claims AT&T makes customers purchase new cell phones to replace stolen ones, while allowing the thieves to sell phones to buyers who can walk into any AT&T store and reactivate them with a new SIM card, helpfully supplied by AT&T.

In effect, the lawsuit argues, AT&T is earning new revenue from victims forced to purchase a new phone as well as from the buyers of stolen phones who reactivate as new paying AT&T customers.

A Salt Lake City television station couldn’t believe AT&T was looking the other way when dealing with the pervasive problem of cell phone theft, so they sent reporters undercover with a deactivated iPhone that was reported stolen, and found AT&T employees ready and willing to reactivate the dead phone.

“All you would have to do is pay for the plan, said the unnamed AT&T agent. “We’ll set up your account with your ID and then put the new SIM card in there and put money on it.”

Those victimized by smartphone theft found AT&T agents less helpful, as KTVX reports:

At a second store I tell an agent “I think my phone has been stolen.” Unlike the claims in the lawsuit, this agent at a second store tells me he can suspend the service, but there’s no way to shut the phone down.

The agent said, “If they tried to activate it, we don’t have a way to flag serial numbers on the phone unfortunately.”

So the thief has an activated phone and the victim is left buying a new one for several hundred bucks.

AT&T claims the suit is without merit.  The company also claims it is working with other cell phone providers and Sen. Chuck Schumer (D-NY), to establish a new database of stolen cell phones.  When a smartphone is reported stolen, the forthcoming policy would guarantee the phone could not be reactivated with any participating carrier.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/KTVX Salt Lake City Class action lawsuit claims ATT helps cell phones thieves for profit 4-30-12.mp4[/flv]

KTVX reporters go undercover and visit a few Salt Lake City AT&T stores to learn if the phone company is aiding and abetting smartphone thieves.  (2 minutes)