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N.Y., Charter Spectrum Settle 2017 Internet Speed Lawsuit; Some Customers Getting Refunds

Phillip Dampier December 18, 2018 Broadband Speed, Charter Spectrum, Consumer News 7 Comments

A $174.2 million consumer fraud settlement has been reached between outgoing New York Attorney General Barbara D. Underwood and Charter Communications, delivering $62.5 million in direct refunds to some customers in former Time Warner Cable Maxx territories in New York State and free premium and streaming services for all current New York customers.

The settlement, likely the largest ever reached with an Internet Service Provider (ISP), comes in response to a 2017 lawsuit filed by former Attorney General Eric Schneiderman, accusing Time Warner Cable of short-changing customers on broadband speed and reliability, by knowingly advertising internet speeds it could not deliver. Time Warner Cable was acquired by Charter Communications in 2016.

“This settlement should serve as a wakeup call to any company serving New York consumers: fulfill your promises, or pay the price,” said Underwood. “Not only is this the largest-ever consumer payout by an internet service provider, returning tens of millions of dollars to New Yorkers who were ripped off and providing additional streaming and premium channels as restitution – but it also sets a new standard for how internet providers should fairly market their services.”

The settlement allows Charter to admit no wrongdoing, but the company is required to compensate Spectrum customers in New York and reform its marketing practices. Going forward, Spectrum must offer evidence through regular speed testing that the company can actually deliver advertised speeds. Charter is also required to continue network investments in New York to improve its internet service.

Lawsuit History

Schneiderman

In 2017, the Attorney General’s office filed a detailed complaint in New York State Supreme Court, alleging that Charter had failed to deliver the internet speed or reliability it had promised subscribers in several respects. That includes leasing deficient modems and wireless routers to subscribers – equipment that did not deliver the internet speeds they had paid for; aggressively marketing, and charging more for, headline download speeds of 100, 200, and 300 Mbps while failing to maintain enough network capacity to reliably deliver those speeds to subscribers; guaranteeing that subscribers would enjoy seamless access to their chosen internet content while engaging in hardball tactics with Netflix and other popular third-party content providers that, at various times, ensured that subscribers would suffer through frozen screens, extended buffering, and reduced picture quality; and representing internet speeds as equally available, whether connecting over a wired or Wi-Fi connection – even though, in real-world use, internet speeds are routinely slower via Wi-Fi connection.

The Attorney General’s office prevailed at every major stage of the court proceedings. After Charter sought to move the case to federal court, the Attorney General’s office won a federal court decision returning it to state court. Charter then moved to dismiss the action on various grounds, including federal preemption; the Attorney General’s office successfully opposed that motion, which the trial court denied in full. When Charter appealed parts of that ruling, the Attorney General’s office prevailed again at the Appellate Division.

Underwood

The Settlement

Under the settlement, New Yorkers will be qualified to receive different levels of compensation as a result of the settlement. Here is what customers can expect:

Only current Charter Spectrum internet customers (including those on legacy Time Warner Cable internet plans) can receive benefits under this settlement. If you do not have service today, but had it in the past, you do not qualify for relief.

Cash Refunds

Only customers living in areas upgraded to Time Warner Cable Maxx service can receive cash compensation. At the time of the lawsuit, this included much of New York City area, the Hudson Valley, parts of the Capital Region, and Syracuse-Central New York. Additionally, the customer must have subscribed to a Time Warner Cable legacy speed plan of 100 Mbps or higher. (Customers in non-Maxx areas including Buffalo/WNY, Rochester-Finger Lakes Region, Binghamton, and the North Country will not receive financial compensation.)

If you did subscribe to 100+ Mbps Time Warner Cable service and still subscribe to either your original legacy plan or have since upgraded to a Spectrum plan, you may qualify for:

  • a $75 refund (700,000 subscribers) if you were supplied an inadequate cable modem or Wi-Fi router by Time Warner Cable.
  • an additional $75 refund (150,000 subscribers) if you were leasing an inadequate cable modem for 24 months or longer.

You do not need to take any action to get these refunds. Charter Spectrum will notify eligible subscribers about the settlement and provide refunds within 120 days. (If you previously received a refund for being supplied with an inadequate modem, you are ineligible for this cash refund).

Free Services

Only former TWC Maxx customers qualify for cash refunds.

In addition to the direct refunds detailed above, Charter will offer free streaming services to approximately 2.2 million active internet subscribers (both Spectrum and legacy Time Warner Cable plans qualify):

If you currently subscribe to both Spectrum Internet and TV service, you qualify for three free months of HBO or six free months of Showtime. (If you already subscribe to these premium movie channels, you are ineligible for this part of the settlement. If you subscribe to one, but not both of these networks, select the one you do not currently receive.)

If you currently subscribe to internet-only service from Spectrum, you will receive a free month of Charter’s Spectrum TV Choice streaming service—in which subscribers can access broadcast television and a choice of 10 pay TV networks—as well as a free month of Showtime.

Charter will notify subscribers of their eligibility for video and streaming services and provide details for accessing them within 120 days of the settlement. Receiving the video and streaming services as restitution will not affect eligibility for future promotional pricing.

Pro-Consumer Reform

New York also secured groundbreaking reforms in how Charter Spectrum conducts business. Underwood believes these guidelines could serve as a guide for other states to eventually adopt, delivering consumer benefits to cable subscribers everywhere. For now, New York consumers can expect:

  • Internet Speed Proof of Performance: Charter must describe internet speeds as “wired,” disclose wireless speeds may vary, and mention that the number of concurrent users and device limitations will impact your actual internet speed. These disclosures must be made in all marketing materials and ad campaigns. Additionally, Spectrum must regularly certify through actual speed testing that it can deliver the speeds it advertises or discontinue any speed plan that cannot be substantiated.
  • Truth in Advertising: Charter Spectrum cannot make unsubstantiated claims about the speed required for different internet activities (eg. streaming, gaming, browsing). It also must not advertise internet service as reliable (eg. no buffering, no slowdowns), or guarantee Wi-Fi speed without proof.
  • Equipment Reforms: Charter must provide subscribers with equipment capable of delivering the advertised speed under typical network conditions when they commence service, promptly offer to ship or install free replacements to all subscribers with inadequate equipment via at least three different contact methods, and implement rules to prevent subscribers from initiating or upgrading service without proper equipment for the chosen speed tiers.
  • Sales and Customer Service Retraining: Charter must train customer service representations and other employees to inform subscribers about the factors that affect internet speeds. Charter must also maintain a video on its website to educate subscribers about various factors limiting internet speeds over Wi-Fi.

Today’s settlement has no bearing on the well-publicized dispute between the New York Public Service Commission and Charter that led the Commission to cancel approval of Charter’s acquisition of Time Warner Cable. Last summer, the Commission voted to throw Spectrum out of the state, but ongoing negotiations between the PSC and Charter are also likely to culminate in a similar settlement including cash fines and new commitments from the cable operator.

5+ Years After Fraudulent Cramming Fees Began, AT&T Agrees to Pay $105 Million Fine/Restitution

AT&T aids and abets cramming fraud by making it hard to identify on customer bills.

AT&T aids and abets cramming fraud by making it hard to find on customer bills.

More than five years after complaints began rolling into AT&T from wireless customers finding unauthorized charges on their monthly bills, the Federal Trade Commission and Federal Communications Commission today announced those customers deserve a refund, and AT&T has agreed to pay $80 million towards restitution for their complicity in bill cramming.

As part of a $105 million settlement with federal and state law enforcement officials, AT&T Mobility LLC will pay $80 million to the Federal Trade Commission to provide refunds to consumers the company unlawfully billed for unauthorized third-party charges, a practice known as mobile cramming. The refunds are part of a multi-agency settlement that also includes $20 million in penalties and fees paid to 50 states and the District of Columbia, as well as a $5 million penalty to the Federal Communications Commission.

In its complaint against AT&T, the FTC alleges that AT&T billed its customers for hundreds of millions of dollars in charges originated by other companies, usually in amounts of $9.99 per month, for subscriptions for ringtones and text messages containing love tips, horoscopes, and “fun facts.” In its complaint, the FTC alleges that AT&T kept at least 35 percent of the charges it imposed on its customers, a lucrative incentive for AT&T to keep the cramming charges coming.

“I am very pleased that this settlement will put tens of millions of dollars back in the pockets of consumers harmed by AT&T’s cramming of its mobile customers,” said FTC chairwoman Edith Ramirez. “This case underscores the important fact that basic consumer protections – including that consumers should not be billed for charges they did not authorize – are fully applicable in the mobile environment.”

Beginning today, consumers who believe they were charged by AT&T without their authorization can visit www.ftc.gov/att to submit a refund claim and find out more about the FTC’s refund program under the settlement. If consumers are unsure about whether they are eligible for a refund, they can visit the claims website or contact the settlement administrator at 1-877-819-9692 for more information.

This case is part of a larger FTC effort to clamp down on mobile cramming. This is the FTC’s seventh mobile cramming case since 2013, and its second against a mobile phone carrier this year. The FTC filed a complaint against T-Mobile in July, and that case is ongoing. The Commission also issued a staff report on mobile cramming in July. The FTC mobile cramming cases build on the FTC’s extensive law enforcement work over the last decade to combat cramming on landline phone bills.

The FTC’s investigation into AT&T showed that the company received very high volumes of consumer complaints related to the unauthorized third-party charges placed on consumer’s phone bills. For some third-party content providers, complaints reached as high as 40 percent of subscriptions charged to AT&T consumers in a given month. In 2011 alone, the FTC’s complaint states, AT&T received more than 1.3 million calls to its customer service department about the charges.

According to the complaint, in October 2011, AT&T altered its refund policy so that customer service representatives could only offer to refund two months’ worth of charges to consumers who sought a refund, no matter how long the company had been billing customers for the unauthorized charges. Prior to that time, AT&T had offered refunds of up to three months’ worth of charges. At that time, AT&T characterized its change in policy as designed to “help lower refunds.”

In February 2012, one AT&T employee said in an e-mail that “Cramming/Spamming has increased to a new level that cannot be tolerated from an AT&T or industry perspective,” but according to the complaint, the company did not act to determine whether third parties had in fact gotten authorization from consumers for the charges placed on their bills. In fact, the company denied refunds to many consumers, and in other cases referred the consumers to third-parties to seek refunds for the money consumers paid to AT&T.

The structure of AT&T’s consumer bills compounded the problem of the unauthorized charges, according to the complaint, by making it very difficult for customers to know that third-party charges were being placed on their bills. On both the first page of printed bills and the summary of bills viewed online, consumers saw only a total amount due and due date with no indication the amount included charges placed on their bill by a third party. The complaint alleges that within online and printed bills, the fees were listed as “AT&T Monthly Subscriptions,” leaving consumers to believe the charges were part of services provided by AT&T.

Under the terms of its settlement with the FTC, AT&T must notify all of its current customers who were billed for unauthorized third-party charges of the settlement and the refund program by text message, e-mail, paper bill insert and notification on an online bill. Former customers may be contacted by the FTC’s refund administrator.

In addition to the refund requirements, AT&T is also required to obtain consumers’ express, informed consent before placing any third-party charges on a consumer’s mobile phone bill. In addition, the company must clearly indicate any third-party charges on the consumers’ bill and provide consumers with the option to block third-party charges from being placed on their bill.

The Commission vote authorizing the staff to file the complaint and approving the proposed stipulated order was 5-0. The FTC filed the complaint and proposed stipulated order in the U.S. District Court for the Northern District of Georgia. The proposed stipulated order is subject to court approval.

Time Warner Cable Faces Class Action Suits in NY, NJ Over Modem Fees

Phillip Dampier November 14, 2012 Consumer News, Data Caps 2 Comments

Two class-action lawsuits were filed Tuesday on behalf of Time Warner Cable customers in 29 states to force the company to refund ill-gotten modem rental fees in violation of consumer fraud laws.

“It’s a massive hi-tech consumer fraud accomplished by low-tech methods,” said attorney Steven L. Wittels. “Send customers confusing notice of the fee in a junk mail postcard they’ll throw in the garbage, sock them with a $500 million dollar a year rate hike, then announce on your website that customer satisfaction is your #1 priority. That’s some way to deliver satisfaction.”

The context for the class action suit is that Time Warner Cable began imposing the fee Nov. 1 without giving customers appropriate notification. New York City residents had little more than two weeks notice in the form of a poorly printed postcard. Some residents in western New York and other cities have still not received notification from the cable company, either on bills or in the mail.

The two lawsuits were brought on behalf of Manhattan resident Kathleen McNally and Fort Lee, N.J. resident Natalie Lenett, but the suit asks the court to order refunds for all Time Warner Cable customers charged modem fees across their national service area.

The Consumerist thought the company’s failure to meet the timely notification requirement about the forthcoming modem rental fee might have the cable company dead to rights:

Pricing and Service Changes

Unless otherwise provided by applicable law, Time Warner Cable will notify you 30 days in advance of any price or service change. Notice of these changes may be provided on your monthly bill, as a bill insert, as a separate mailing, in the Legal Notice section of the newspaper, on the cable system channel(s) or through other written means.

But on closer examination, that provision only applies to pricing and service changes for Time Warner Cable’s television service, not broadband or home phone service.

In fact, Time Warner Cable’s new Subscriber Agreement has reserved the right to change just about anything it likes, just by updating the terms and conditions on its website:

We May Change our Customer Agreements

(a) We may change our Customer Agreements by amending the on-line version of the relevant document.  Unless you have entered into an Addendum that ensures a fixed price for a period of time (for instance, a Price Lock Guarantee Addendum), we may also change the prices for our services or the manner in which we charge for them.

(b) If you continue to use the Services following any change in our Customer Agreements, prices or other policies, you will have accepted the changes (in other words, made them legally binding).  If you do not agree to the changes, you will need to contact your local TWC office to cancel your Services.

(c) Any changes to our Customer Agreements are intended to be prospective only.  In other words, the amended version of the relevant document only becomes binding on you as of the date that we make the change.

One significant change Time Warner inserted in its Subscriber Agreement (the one printed in tiny print on tissue-thin paper, occasionally mailed with your bill) was deemed so important, it appears highlighted and in bold language:

Time Warner Cable now requires customers to submit disputes individually to binding arbitration, denying the right to bring or participate in any class action case. However, customers can opt-out of this provision simply by notifying the company through an online form. (You will need your Time Warner Cable account number.)

In practice, this would require McNally, Lenett, and millions of other customers to individually submit to a time-consuming arbitration proceeding — all to fight a $3.95 monthly fee. Few would bother. Wittels told The Consumerist the lawsuit still has merits because of other language Time Warner Cable maintains in its agreement which he believes holds the door open to a class action challenge.

Although customers are invited to purchase their own cable modem equipment to avoid the fee, the lawyers involved say the options are limited and expensive.

Frontier’s RV Tour Attempts to Pre-Empt Bad Reputation; Stop the Cap! Has Our Own Virtual Tour

Phillip Dampier October 7, 2010 Consumer News, Frontier Comments Off on Frontier’s RV Tour Attempts to Pre-Empt Bad Reputation; Stop the Cap! Has Our Own Virtual Tour

Perhaps the RV tour can also help customers cope with unauthorized cramming charges greeting many ex-Verizon customers on their first Frontier bills

Frontier Communications has themselves an RV and they’re sending it on a “Great Conversations Tour” with their newest customers in Ohio, Illinois, and Wisconsin.  The company tweeted its intention to visit “10 Cities, 7 Executives, 5 Days, 3 States,” all in one recreational vehicle.

On the agenda are promises the company intends to deliver their version of broadband to a larger number of customers.

“On average, these properties that we purchased from Verizon had 62 percent broadband accessibility, and we will be looking to take that to 85 percent in two years,” says John Lass, president of Frontier’s Central Region. “In our current properties, we are averaging 92 percent broadband accessibility.”

The broadband most of those customers will end up with will range from 1-3Mbps in rural areas, perhaps up to 6Mbps in more urban ex-Verizon service areas, but everything is dependent on the quality of the lines Frontier has to work with.

That increasingly poses problems for the company, who had to cope with yet another major service outage in Illinois — the second in a month, that knocked out phone and emergency services for 28,000 residents across eight counties in central and northwestern Illinois.

The landline service failure, originally thought to be a fiber cable cut, turned out to be a hardware failure in the company’s central office in the village of McLean.  The impact was immediate as cell phone customers could not reach Frontier lines and Frontier customers in many areas could not make long distance calls or reach 911.

Peoria’s Journal-Star reported businesses were particularly impacted by the outage:

Carol Hamilton, Washington Chamber of Commerce executive director, said city business owners reported problems making landline-to-cell phone and cell phone-to-landline calls. Landline-to-landline calls were going through.

“We actually started hearing about the phone problems Wednesday,” Hamilton said. “People were getting a busy signal, or were told the number they were calling was out of order when they tried to make a call. The problem didn’t affect our office until Thursday morning.”

Frontier’s equipment failure also knocked out the Logan County computer system, and the Woodford County Sheriff’s Department computer system. Residents in those counties were instructed to call Illinois State Police posts in Springfield and Metamora for emergencies.

One local resident noted this is why he doesn’t have a landline anymore.

Since Frontier can gas up its RV and tour the countryside, Stop the Cap! can take you on a virtual RV tour of our own to visit with some disgruntled Frontier customers.  Our first stop…

Unauthorized Bill Cramming Plague Leads to Lawsuit Against Frontier

Hal Greene was reviewing his monthly Frontier phone bills when he discovered his monthly charges shot up from $230 to $290.  The Pine Bush, N.Y., resident found $39.95 charges on each of this bills for something called “Enhance SVCS Billing Inc Long Distance Calls … IBA-Services.”  He had no idea what that charge was for, and he knew he didn’t authorize it.

The Times Herald-Record picks up the story:

He called the company, Enhanced Services Billing Inc., but the company wouldn’t refund his money. He called the phone company, Frontier, which blocked the charges moving forward, but Greene never got a refund.

He went online to research the company, and found countless complaints from other consumers about ESBI, an aggregator that purports to bill for services provided by third parties.

Greene also found the contact information for a law firm, Giskan Solotaroff Anderson & Stewart in Manhattan, that was looking into the company. He called and became the named plaintiff in a class action lawsuit against Frontier and ESBI.

“I was very angry because it was so surreptitious the way they snuck that charge in there, and they’re just kind of counting on stealthing it into the bill without you noticing,” Greene said.

The suit alleges that the defendants know they are collecting charges customers didn’t authorize. It seeks monetary and compensatory damages, attorneys’ fees and further relief “as equity and justice may require.”

Representatives of ESBI and parent company BSG Clearing declined to comment. Frontier also would not comment, said spokeswoman Brigid Smith.

Greene is a classic victim of bill cramming, a practice where phone companies allow third parties to bill for services on their phone bills, in return getting a major cut of the action.

Most customers find themselves victims of cramming when they complete “surveys” or sign up for free trials of unrelated services.  Other victims purchase products from websites that offer future discounts just for “previewing” shopping clubs or credit monitoring services.  Even obtaining a “free reward” like a magazine subscription, ringtone, or avatar image for use on a social networking website could come with a very expensive “gotcha” on your landline or mobile bill a month later.

IBA charged Greene $40 a month for dial-up Internet access and other services of dubious value.

In Greene’s case, his “gotcha” was IBA Services — Internet Business Advisors, which offers a very dubious package of dial-up Internet, web hosting, and discounts at office supply stores.  For that, customers pay $20-40 or more per month.  Greene was paying for it across multiple phone bills, each with their own charges.

IBA Services is an example of how anyone can set up a business and use billing services like ESBI to sit back and wait for the checks to arrive.  Unfortunately, too often those charges are unauthorized and crammed onto phone bills.  Critics charge phone companies have a financial incentive to look the other way, as they earn a substantial percentage of the charges as a commission.  Millions are waiting to be earned at your expense.

Of course, phone companies correctly say they are required to accept third party billing services.  But what they don’t tell you is that they are not required to continue to accept those with a track record of cramming.

Stop the Cap! looked into IBA and discovered the “company” is “located” at 980 9th Street, 16th Floor Sacramento, CA 95814.  That sounds like quite a prestigious address, considering it is located in Sacramento’s US Bank Plaza.  But the 16th floor is a mighty crowded floor considering the enormous number of companies calling it home.  Those firms range from IBA to a scam operation trying to collect “fees” on behalf of the state of California to “Medical Hair Restoration.”  (That latter firm might be useful if you’ve torn all of your hair out fighting illegitimate charges on your phone bill.)

Truth be told, 980 9th Street — 16th Floor is a “virtual office” address.  A company that specializes in the practice, Regus, maintains that address as a mail drop and short term meeting space location for countless companies looking to keep their actual locations (often a home) out of public records. Additionally, utilizing a professional mailing address through a London-based service is a wise move for enhancing both your privacy and your business’s reputation. It allows you to separate your personal life from your business dealings, which is essential in today’s environment. So you can easily get a prestigious and virtual London postal address for professional correspondence. Regus itself isn’t a questionable enterprise, but some of their clients are.

For $99, we could have an address at the US Bank Plaza as well.  Best of all, Regus throws in access to high speed Internet service as part of the package price — something IBA doesn’t even offer their own clients.

Greene’s anger is understandable considering anyone can get in on this action, peddling useless voicemail service, credit repair, ringtones, shopping clubs, and a myriad of other services carrying steep monthly fees, all conveniently billed to your monthly Frontier phone bill.

IBA’s “offices” are located on a floor offering “virtual suites” and mail-drop services to clients who want to avoid disclosing their real addresses.

When we called IBA Services’ toll-free number, we were connected with a generic “customer care” department.  The representative, who would only give her first name, told us at first she had no idea what company we were calling about.

“We handle customer service calls for many different providers,” Inez told us. “When customers call, we ask for their phone number which usually brings up what provider they are doing business with.”

When she learned we were not a victim customer, she refused to answer any further questions about the company she works for or how many customers call claiming they are being crammed.

For dozens of customers who have been in similar circumstances, bill cramming quickly evolves into buck passing.

“The best part of this entire scam is that when you call Frontier, Verizon, AT&T or other phone companies, they tell customers to call the crammer directly to get the charges off the bill,” says our reader Gene who was also a victim of Frontier cramming.  “When you call the crammer, they always say you must have authorized it because they don’t bill just anyone, so you need to call your local phone company to deal with the charges.”

Marte Cliff was a victim of bill cramming on her very first bill from Frontier Communications

When customers tell phone companies the crammers refuse to credit their account and stop the charges, many will agree to place a block on future 3rd party billing, but neglect to reverse the charges.  By now many exasperated consumers just give up and eat the cost, something crammers count on.

“Frontier is happy because they got a substantial percentage of that fee and the crammer gets to walk away with whatever money they earned before the consumer noticed,” Gene says.

Marte Cliff, a freelance copyrighter who blogs from Priest River, Idaho was one of millions of ex-Verizon customers who received their first bill from Frontier over this summer.  Hers included $14.95 in charges for an “e-mail bundle.”  Cliff was alarmed:

When I opened our first bill from the new provider it was about $15 more than my normal bill, so I went looking to see why. And I found a charge from a company called Email Bundle. Why?

There was a notice – for billing questions call 888-934-7750 to reach PayOne Billing, so I did. I got a recording that told me everyone was busy and that I needed to wait. Then I got a brief busy signal and a message saying I was being transferred… and then a “looped” recording telling me a web address over and over and over.

Obviously, PayOne billing was not going to answer my call.

So I called Frontier. After 10 minutes or so of recorded messages I finally made contact with a live person… who said I just wouldn’t believe how many people had called this week over the same issue.

While Cliff doesn’t blame Frontier and got her money back, she is concerned many new customers may find it easy to miss such add-on fees, assuming they are just the cost of doing business with their new phone company.

“My bill is the same every month because I pay a flat for unlimited long distance, but other people have long distance charges and their bill is different each month,” she blogged. “They might not notice a $15 discrepancy – especially if they’re running a business and have large phone bills. And especially not since phone bills are generally so convoluted that it takes a puzzle expert to figure them out.”

Billing Services Group does business as ESBI, among other names.

ESBI, responsible for billing Greene $40 for dial-up Internet, itself has a long sordid history, having been the target of a Federal Trade Commission investigation in 2001. The biller, part of the Billing Services Group, Ltd. (an offshore entity incorporated in Bermuda), has 120 employees in San Antonio.  BSG’s financial presentations to their investors go to new heights to diplomatically explain away their questionable business practices, such as this passage from one of their recent press releases:

Background of Enhanced Service Billings and the Company’s Action Plan

Historically, enhanced service billings have been susceptible to misunderstanding between the enhanced service provider and the consumer over such issues as charges and scope of service. As a result, enhanced services have typically involved a higher consumer inquiry or complaint rate than regular telephone usage charges, which, in turn, can precipitate negative perceptions about enhanced service billings.

The Company has taken proactive measures, including the implementation of certain procedures over the last year, to minimize the level of disputed charges in connection with enhanced services. These measures include:

  • Submitting enhanced service charges to each LEC (local phone company) only after that LEC has expressly approved the billing of a particular service offering by a specific enhanced service provider;
  • Authenticating all enhanced product sales through the Company’s Bill2Phone™ authentication engine;
  • Company employees anonymously subscribing to random enhanced services offerings to assess the quality of service and accuracy of charges; and
  • Actively monitoring the level of complaints received in respect of its customers’ enhanced service offerings.

If there are perceived irregularities in the authentication of orders, quality of service, accuracy of charges or the frequency of consumer complaints involving an enhanced service provider, the Company takes appropriate action, including, if necessary, termination of billing for that customer. Each LEC in the United States requires that providers of enhanced services comply with certain end user inquiry or complaint thresholds; that is, a maximum number of inquiries or complaints in any particular month and in each LEC region. As described above, the Company actively monitors the level of consumer inquiries and complaints in respect of its customers’ enhanced service offerings and believes that the level of such inquiries or complaints is, for every one of its existing 98 enhanced service customers, below the contractual thresholds required by, among others, the largest LEC in the United States.

BSG uses the United Way logo on its site.

ESBI calls their business practices “powerful and innovative.”  Gene calls them “underhanded and deceptive.”

“These are bottom feeders that try and protect their ill-gotten gains by incorporating in Bermuda and throwing some goodwill contributions to the San Antonio chapter of the United Way to make you feel they’re ethical,” Gene says.  “When the company’s own financial presentations warn investors their future revenue is at risk from telephone company crackdowns, their long term future is an open question.”

What is also remarkable is that ESBI scores higher than Frontier Communications with the Better Business Bureau.

“One has to wonder how a bottom feeder operation like ESBI/BSG managed to earn a “D” while Frontier scored a rock-bottom “F,” Gene wonders.

How You Can Protect Yourself

  1. Scrutinize your phone bill carefully, especially if it has increased recently.  Pay special attention to sections labeled “Miscellaneous,” and the long-distance, 900-number, and “third-party” charge sections on your bill. Third-party charges are charges from anyone other than your phone company. Many phone companies are trying to switch customers to “out of sight, out of mind” electronic billing with automatic payments.  That makes it easy to ignore a bill you have to click a link to see until after the amount due is withdrawn from your checking account.  Not paying illegitimate charges keeps the money in your pocket — trying to get a refund from the phone company keeps it in theirs.
  2. Demand the phone company place a “3rd party billing block” on your phone line.  Frontier calls this service “Bill Block.”  I have yet to encounter a worthwhile service that needs to bill customers using 3rd party phone bill charges, so why give them the chance to try?
  3. Avoid pop-ups and other online ads that promise free services in return for sharing your phone or mobile number.  Chances are the freebies also come with sneaky add-ons that will cost plenty.
  4. Do not enter surveys or contests that require a phone number.  If you are a winner, they should be able to contact you by mail.  Many of these contests also include fine print authorizing the promoter to start telemarketing you later, so the prize is rarely worth the aggravation.
  5. Obtain a virtual phone number from a service like Google Voice.  It’s free. You can give out this phone number to those you are not sure about.  If a crammer tries to sign that number up for unauthorized services, they’ll encounter a roadblock.
  6. If you are a victim, tell the phone company you want all of those charges reversed at once — they are unauthorized.  Do not accept their request to contact these companies yourself.  They are capable of reversing the charges, letting the billing agency protest the chargeback.  They rarely do, and you don’t have to waste your time dealing with “Inez” at “customer care.”

Finally, if you are victimized, contact the Federal Trade Commission by calling 1-877-FTC-HELP (1-877-382-4357) and file a complaint.

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