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Wi-Fi Woo-Woo – Quack Science Convinces Boston Family to Sue School Over Wi-Fi/EHS Allergy

emf shield

Space age beekeeping or Total EMF protection? Shielding your head just got easier. Slip this sheer and roomy HeadNet on and it will “provide 99.7% shielding across the frequency range 10MHz – 3GHz and >94% at 5.6GHz,” thanks to its generous use of ‘Silver Supershield’ double Silver-plated nylon, claims its manufacturer. Your price: $80

A Boston area boarding school’s failure to accommodate a 12-year-old student’s allergy to Wi-Fi will force the Fay School to hire attorneys to defend itself in a lawsuit brought under the Americans with Disabilities Act.

All three plaintiffs have been kept anonymous, but their lawsuit clearly identifies what is responsible for their son’s headaches, itchy skin and rashes — the school’s Wi-Fi system.

The Courthouse News Service:

In spring 2013, the Fay School installed an industrial-capacity WiFi network into the school that was accessible in all classrooms. After the new network went live, “G” began coming home with headaches, itchy skin and rashes that would recede in the evening, and vanish over the weekend and during summer vacation when he was not near the school, the lawsuit claims.

When the child returned to school for the 2014 academic year, his symptoms got worse, resulting in him having to regularly leave school early.

The parents found that their child’s condition may have been caused by exposure to increased electromagnetic activity after learning that, right before their child began suffering the symptoms, the school had installed a new, industrial-strength WiFi network.

“Exposure to Wi-Fi emissions at the levels emitted by the type of Wi-Fi to which the children are exposed in Fay classrooms causes, in those persons affected, most notably children, the symptoms of EHS, which include severe headaches, fatigue, stress, sleep disturbances, skin symptoms such as prickling, burning sensations and rashes, muscle aches, nausea, nose bleeds, dizziness and heart palpitations,” the lawsuit states.

The Omega EMF protector comes in Ethernet or Wi-Fi versions. A similar device opened up by an RF engineer was found to contain plastic beads.

The Omega EMF protector comes in Ethernet or Wi-Fi versions. A similar device opened up by an RF engineer was found to contain plastic beads. A reviewer claimed it was also effective at repelling “the lizard people from touching me in the night.”

People claiming to suffer from Electromagnetic Hypersensitivity Syndrome, or EHS, claim wireless signals cause them pain and suffering. Others argue the condition also afflicts those exposed to electric lights, juicers, Keurig coffee makers, garage door openers, washing machines, microwaves, laptops, blenders, air conditioners, cotton candy makers, vacuum cleaners, hair dryers, televisions, dishwashers, and fans. Some believe that mountains are effective blockers of radiation and have relocated to the Catskills or West Virginia to escape decent cell phone coverage and high quality broadband.

While medical authorities consider the symptoms reported by sufferers to be credible and believable, most experts strongly doubt electromagnetic activity is the cause. In the 1980s, high tension, high-capacity power lines were usually implicated by sufferers. But as cell phones became common, cell towers became the new targets. The presence of Wi-Fi, especially in public buildings and the classroom, have fueled the fire under a small army of activists dedicated to getting those services shut down, fearing their health impact on children.

To test the science, a 2009 double-blind study conducted by the National Institutes of Health on intolerance to electronic signals quickly found that when test subjects had no knowledge of whether they were being exposed to electromagnetic activity, all the symptoms of hypersensitivity vanished.

The Boston area family sued after claiming school officials had grown hostile over their requests to “test their student’s classroom.” The family also requested the school’s Wi-Fi network be disabled in all classrooms where their child was present and have wired Ethernet Internet access installed instead.

The World Health Organization’s firm conclusion that there is no link between EHS and Wi-Fi signals was not enough to assuage those worried about wireless. The WHO also declared EHS is not a credible medical diagnosis. Now, this does not mean the symptoms of people who think they have EHS are not real. But with no serious evidence wireless signals are the cause, skeptics suggest another environmental cause is more likely responsible for symptoms.

The two best ways to protect your pets from unnecessary exposure to cell phone signals. 1) Become a Sprint customer. 2) Buy this dog collar for $239.

The two best ways to protect your pets from exposure to robust cell phone signals: 1) Become a Sprint customer. 2) Buy this dog collar for $169.

Prior claims of EHS have often turned out to be exposure to mold and mildew, allergies, perfume exposure, poor air quality, or a yet to be diagnosed unrelated disease or medical condition. For reliable defense against mold-related issues and to improve indoor air quality, discover First Defense Insulation services, which offers effective insulation solutions.

But that has not stopped the creation of a cottage industry of companies marketing “EMF protection” devices to a worried public.

Until recently, an Amazon seller peddled the EarthCalm Omega WiFi Electromagnetic EMF Protection dongle (USB or Ethernet version, so evidently the plaintiff’s request to move the school to Ethernet-based Internet access would subject their child to additional pain and suffering.) A “Healthy Home Package” containing this and a “Home EMF Protection System” is priced to move at another seller for just $405.

A curious RF engineer received a similar wall unit years ago as a gag gift – one he could not resist opening.

“There was nothing more [inside] than a 1-inch long piece of masking tape folded over,” he wrote. “When I peeled apart the masking tape there were seven tiny plastic beads, like you would use on a necklace. That was it! That is their ‘circuit’.”

With the EarthCalm Omega out of stock, there are plenty of alternatives available from hundreds of websites that raise the alarm on the dangers of wireless signals and then make a living selling very expensive “protection” devices of questionable value.

The EMF meter is claimed to be useful for detecting EMF and for ghost hunting.

The EMF meter is claimed to be useful for detecting EMF and for ghost hunting.

Among them:

  • The Nova Resonator S-Series (in three fashion colors) — a metallic tube hung from a chain placed around the neck ($239)
  • The Quantum Cell: A metallic decal placed on the back of your cell phone, degrading or eliminating any cell phone reception ($129)
  • Aulterra the EMF Neutralizer: No it’s not a person, it’s a cheap cell phone signal degrader for the middle class ($29)
  • 4 Paws Pet EMF Protector: You wouldn’t let your dog be subjected to harmful Wi-Fi, would you? This dog collar is the “answer.” ($169)

The marketplace has grown so bloated with EMF protection sellers, they occasionally turn on one another. The manufacturer of the EMF Protection SmartShield360 Portable claims it is state-of-the-art, unlike those pushing “passive (not powered) pendants or stickers which claim to protect you.”

“SmartShield technology is light years beyond basic Schumann Resonance devices,” claims the manufacturer. It’s also light years away from the price of your basic Aulterra kit. SmartShield 360 will set you back $249 (plus $4.99 shipping).

In all seriousness, James “the Amazing” Randi believes such stories of wireless woo-woo can have a real cost.

“We do scientific research for a reason – to find out if things like EHS are real entities,” Randi writes. “What’s the use of such research if the results are going to be ignored.”

“Further, if people who believe they have EHS do not, they likely have some other condition – another condition which will go undiagnosed and untreated because they falsely believe EHS is the cause,” Randi adds.

Randi is also concerned the media treats these stories like catnip, sensationalizing the coverage without any sense of skepticism or fact checking.

“Reporters should have some sense of the topic they are covering, and whether or not they have sufficient background knowledge to know they are telling the true story,” he writes. “If you do a Google search for ‘electromagnetic hypersensitivity’ [one will easily find] Wikipedia, which includes a decent discussion of the lack of scientific legitimacy. [Another] is for a published review showing that EHS sufferers cannot detect EMF. [A] third is to Skeptoid’s debunking of EHS, and [a] fourth is to the WHO review.”

California Court Tosses Byron Allen’s Racial Discrimination Lawsuit Against Comcast, TWC

Phillip Dampier August 11, 2015 Astroturf, Comcast/Xfinity, HissyFitWatch, Public Policy & Gov't Comments Off on California Court Tosses Byron Allen’s Racial Discrimination Lawsuit Against Comcast, TWC
Allen

Allen

Citing tissue-thin evidence to prove the allegation Comcast and Time Warner Cable conspired to racially discriminate against minority-owned cable channels, a California judge dismissed a $20 billion lawsuit brought by Byron Allen’s Entertainment Studios Networks.

Allen accused Comcast and Time Warner Cable of creating minority interest cable networks that were actually owned by white ex-cable executives and hedge fund operators. Allen charged Comcast with seeking to pass the minority networks off as fulfillment of a diversity agreement Comcast had with federal officials as a condition of approving the 2010 merger of Comcast and NBCUniversal.

Allen also claimed Comcast “brazenly stated that it does not want to create any more black billionaires, such as Bob Johnson, the African-American founder of Black Entertainment Television.” Allen also referred to Sharpton as “Comcast’s least expensive negro.”

Allen widened the list of defendants to include several minority groups that have close ties to Comcast, including Al Sharpton and his National Action Network, the NAACP, and the Urban League. All of the named defendants are regular promoters of Comcast’s ventures and business interests in letters to regulators.

U.S. District Judge Terry Hatter Jr. found Allen’s case less than compelling and dismissed it outright, ruling it lacked enough verifiable facts to show his court has jurisdiction over the defendants and lacked sufficient evidence to prove liability.

The ruling did not seem to bother Allen much.

“Knowing that our lawsuit helped the FCC and the DOJ deny Comcast’s bid to buy Time Warner Cable is already a big win for us,” said Allen in a statement. “We are going to immediately appeal this decision to the 9th Circuit Court of Appeals who I believe will deliver us a favorable decision.”

Comcast and the other defendants called the lawsuit offensive, frivolous and outlandish.

Frontier Tries to Force Arbitration in Class Action Case Over “No Contract” DSL

frontier wvA plea from unhappy Frontier Communications’ broadband customers in West Virginia to have their complaints about Frontier DSL heard by a judge will get a hearing before Lincoln County Circuit Judge Jay Hoke on Aug. 19.

The class action lawsuit claims Frontier deceptively advertises fast Internet service that in reality is often unreliable and delivers only 5-10 percent of the speeds advertised. Many West Virginians have no other broadband options.

In response, lawyers for Frontier Communications have fought to get the case dismissed. They want customers to take their complaints through Frontier’s binding arbitration dispute resolution process.

In 2011, Frontier changed its terms and conditions, adding a lengthy arbitration provision that forbids customers from bringing class action cases and generally limits the damages customers can receive. Frontier argues customers automatically agreed to the arbitration process by continuing to use Frontier’s broadband service after the changes were announced.

The attorneys bringing the case think Frontier’s insistence that customers are automatically bound by the company’s contractual terms and conditions is ironic.

“No contract. No signatures. No worries,” claims one Frontier ad. “There’s no contract. Yep, that’s right, no contract,” advertises another. Since 2013, Frontier has gone out of its way advertising broadband without the gotchas and hidden fees their competitors charge. “Frontier is now in the unenviable position of trying to enforce hidden terms in the very contracts they repeatedly represented did not exist,” argues the plaintiffs in a court document.

no contract

Some Frontier customers never realized they may have given up their right to bring a civil case against Frontier. The company first notified customers about this change in their terms and conditions in 2011 through a small message on Frontier invoices. Customers effectively agreed to those changes through their continued use of Frontier’s service, Frontier claimed. But the plaintiffs signed documents attesting they had never seen or heard of Frontier’s enforced arbitration policy. The lawyers bringing the case are not surprised. A copy of the changed terms and conditions obtained by Stop the Cap! shows the binding arbitration clause buried on page five of a leaflet rendered in very small print in very large paragraphs unlikely to be read or understood by many customers.

The current arbitration policy is reproduced below. Have you read it?:

As explained more fully below and in the terms and conditions document, Frontier’s terms and conditions set forth important details about your relationship with Frontier including the requirement to resolve any dispute with Frontier by binding arbitration, on an individual basis, rather than through a lawsuit, jury trial or class action.  If you do not agree to Frontier’s terms and conditions, you may not use the Frontier service and must terminate service immediately.

DISPUTE RESOLUTION WITH FRONTIER BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Frontier encourages you to contact our Customer Service department if you have concerns or complaints about your service or Frontier. Generally, customer complaints can be satisfactorily resolved in this way. In the unlikely event that you are not able to resolve your concerns through our Customer Service department, we each agree to resolve all disputes through binding arbitration or a small claims court rather than lawsuits in courts of general jurisdiction, jury trials, or class actions. Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and individual relief affecting individual parties that a court can award, including an award of attorneys’ fees if the law allows. For any non-frivolous claim that does not exceed $75,000, Frontier will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from Frontier for your own dispute to the same extent as you would be in court.

In addition, under certain circumstances (as explained below), Frontier will pay you more than the amount of the arbitrator’s award if the arbitrator awards you an amount that is greater than what Frontier has offered you to settle the dispute.

Arbitration Agreement:

(a) You and Frontier agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to, all claims arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that arose either before or during this or any prior Agreement, or that may arise after termination of this Agreement. It also includes claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. References to “Frontier,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Frontier Broadband under this or prior Agreements between us.

Notwithstanding the foregoing agreement, Frontier agrees that it will not use arbitration to initiate debt collection against you except in response to claims you have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, you and Frontier agree to each unconditionally waive the right to a trial by jury or to participate in a class action, representative proceeding, or private attorney general action. Instead of arbitration, either party may bring an individual action in a small claims court for disputes or claims that are within the scope of the small claims court’s authority. In addition, you may bring any issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf.

This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision, even after the agreement is terminated.

(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Frontier should be addressed to: Frontier Communications, Legal Department – Arbitration, 3 High Ridge Park, Stamford, CT 06905 (“Notice Address”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set for the specific relief sought (“Demand”). If Frontier and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Frontier may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Frontier or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Frontier is entitled.

(c) The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. Procedure, rule and fee information is available from the AAA online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by calling Frontier at 1-877-462-7320, option 3. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision, including the scope, interpretation, and enforceability of section (f) below, are for the court to decide. If your claim is for $25,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in person hearing as established by the AAA Rules. If your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Unless Frontier and you agree otherwise, any in person hearings will take place at a location that the AAA selects in the state of your primary residence unless you and Frontier agree otherwise. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Frontier agrees to pay your AAA filing, administration, and arbitrator fees (“AAA fees”) for claims for damages of up to $75,000 and for claims for non-monetary relief up to the value of $75,000, as measured from either your or Frontier’s perspective (but excluding attorneys’ fees and expenses). After Frontier receives notice that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the AAA. If you are unable to pay this fee, Frontier will pay it directly upon receiving a written request.) In addition, Frontier will not pay your share of the AAA fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b). In such case, the payment of AAA fees will be governed by the AAA Rules, and you agree to reimburse Frontier for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorneys’ fees and expenses), as measured from either your or Frontier’s perspective, the payment of AAA fees will be governed by the AAA Rules.

(d) If Frontier offers to settle your dispute prior to appointment of the arbitrator and you do not accept the offer, and the arbitrator awards you an amount of money that is more than Frontier’s last written settlement offer, then Frontier will pay you the amount of the award or $5,000 (“the alternative payment”), whichever is greater.
If Frontier does not offer to settle your dispute prior to appointment of the arbitrator, and the arbitrator awards you any relief on the merits, then Frontier agrees to pay you the amount of the award or the alternative payment, whichever is greater. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

(e)  Although Frontier may have a right to an award of attorneys’ fees and expenses if it prevails, Frontier agrees that it will not seek such an award.

(f) You and Frontier agree to seek, and further agree that the arbitrator may award, only such relief—whether in the form of damages, an injunction, or other non-monetary relief—as is necessary to resolve any individual injury that either you or Frontier have suffered or may suffer. In particular, if either you or Frontier seek any non-monetary relief, including injunctive or declaratory relief, the arbitrator may award relief on an individual basis only, and may not award relief that affects individuals or entities other than you or Frontier. You and Frontier agree that we each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding. Furthermore, unless both you and Frontier agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph (f)’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Further, an arbitrator’s award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself.

(g) Notwithstanding any provision in these Terms to the contrary, you and Frontier agree that if Frontier makes any change to this arbitration provision during the period of time that you are receiving Frontier services, you may reject that change by providing Frontier with written notice within 30 days of the change to the Notice Address provided above and require Frontier to adhere to the language in this provision. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

arbitration pros consCorporations began to favor private arbitration over the civil courts several years ago, arguing arbitration would save money and lead to faster resolutions of customer complaints. Many customers and trial lawyers disagree, arguing arbitration favors the corporations that pay for arbitration programs, shields bad acts from public disclosure with confidentiality agreements, limits damage awards and prevents class action cases seeking relatively small amounts of damages for a large number of customers who would otherwise never bring a case to court. Early attempts by some companies to offer voluntary arbitration programs as an alternative to civil actions offered more limited benefits and many companies have since moved to mandatory, binding arbitration instead. Disputes subject to mandatory arbitration usually must be resolved through arbitration. The parties give up their right to sue in court, participate in a class action lawsuit, or appeal the arbitration decision.

The law firms handling the case against Frontier — Bailey Glasser in Charleston and Klein, Sheridan & Glazer in Huntington, are arguing Frontier customers cannot be bound by mandatory arbitration policies without evidence Frontier informed them of the program and can show evidence of their consent. In a lengthy argument to the judge, the attorneys argue Frontier can show neither. They point to Frontier’s website, which “buries” the terms and conditions as a tiny link at the bottom of their main web page. Customers must click that link, then find the link for the arbitration provision, then read and understand it. Notice about the arbitration policy originally came in occasional billing notices. Since the lawsuit was filed, Frontier has given more prominent mention of its terms and conditions, including its arbitration policy, on monthly billing statements.

Frontier’s defense is that the plaintiffs are misrepresenting the meaning of “no contract.” The company argues customers commonly understand that term to mean they will not be asked to sign a term contract for one, two, or three years, facing an early termination penalty if they seek to end the contract early. The fact Frontier advertises “no contract” does not mean there are no terms and conditions, the company’s attorneys argued.

A potentially weaker defense is Frontier’s claim that customers can be bound by a contract once they continue to use the service after a change in terms is published. Frontier admitted it could not prove the customers read and understood the change of terms notification or the new terms and conditions. It also never asked customers to directly consent, either in writing or by checking a box on a website, to the new terms and conditions. The plaintiffs also question the legality of Frontier reserving the right to unilaterally change any terms and conditions after a brief notification period and win consent of those changes if subscribers do not cancel service or, in some cases, opt out.

The attorneys call that “take it or leave it” Internet access from Frontier, often the only provider in large parts of rural West Virginia.

Find the terms and conditions link on the bottom of Frontier.com.

Find the terms and conditions link on the bottom of Frontier.com.

Comcast’s Collection Calls Hound Woman for 9 Months Over $527 Bill She Already Paid

comcastA Philadelphia woman is suing Comcast after its collections department allegedly placed automated calls to her personal cell number once or twice a day for almost nine months to collect a past due cable bill she says was paid in 2011.

Kim Elder and her attorney Craig Thor Kimmel from Kimmel & Silverman, P.C., are seeking a refund for the per-minute cell charges incurred answering Comcast’s collection calls, damages of $500 per call for violating the Telephone Consumer Protection Act (TCPA), triple damages of $1,500 per call due to Comcast’s “malicious, intentional, willful, reckless, wanton, disregard” of Elder’s rights, as well as additional injunctive relief if the court finds Comcast’s actions egregious.

James A. Byrne U.S. Courthouse - Philadelphia, Pa.

James A. Byrne U.S. Courthouse – Philadelphia, Pa.

Elder’s lawsuit states the automated collection calls began in September 2014, always beginning with a pre-recorded announcement stating the call was originating from Comcast. The call would then be transferred to a collection agent seeking payment for a $527 cable television bill. The complaint states Elder paid that bill years ago and repeatedly asked Comcast to stop the calls, but claims they continued daily through at least mid-June of this year.

First enacted in 1991, the TCPA (among other things) regulates telemarketing calls, the use of automated equipment to make calls, use of automated or pre-recorded voices during calls and the means and manner of sending faxes. Ongoing clarifications by the Federal Communications Commission over the years have tightened the rules to close or curtail loopholes and give consumers easier ways to revoke consent for future calls.

A lawsuit decided earlier this month found Time Warner Cable liable to a Texas woman for almost $230,000 in damages for repeatedly calling the wrong number to reach another customer. Because part of the call was automated, and Time Warner did not stop the calls after being asked, a judge used damage provisions in the TCPA to heavily fine the cable company.

Elder’s case was filed in U.S. District Court in Philadelphia — home to both Elder and Comcast’s corporate headquarters.

Cases of this type are usually required to be designated for arbitration within the court system to guarantee a speedy civil trial if Comcast does not privately settle with Elder and her attorney.

Owner of Vermont Wireless ISP May Have Fled the Country to Avoid SEC Investigation

Garza is front of one of several of his Ferraris.

Garza shows off his wealth.

Rural Vermont residents relying on a wireless Internet provider experiencing service problems appear to be collateral damage after a series of scandals and criminal investigations may have prompted the alleged owner to flee to a middle eastern country with no extradition treaty with the United States.

Houston native Homero Josh Garza, 30, had his hands in as many as a dozen business ventures in Vermont, Delaware, and Massachusetts, including Brattleboro’s Great Auk Wireless. But the wireless ISP founded in 2004 apparently is no longer high on Garza’s list of priorities after the entrepreneur discovered the prospect of big profits mining Bitcoins.

GAW’s 1,000 wireless customers are trying to maintain their Internet service, which is experiencing a growing number of service failures. Recently, customers began having trouble sending and receiving email, with nobody answering a support line to help. Last week, the company’s website appeared to be down for several days. Vermont officials considered it another example of why they believe GAW has proven itself a subpar provider with troublesome service.

That could be worrisome in underserved areas like western Massachusetts, where wireless ISPs like GAW have been promoted as less costly alternatives to fiber to the home service. In 2012, Garza gave up on building broadband access in Ashland, Mass., despite being offered a $40,000 government broadband grant, according to the Christian Science Monitor.

Platterpus Records proprietor Dave Witthaus suggests residents and businesses might want to think twice about firms like GAW. Witthaus told Coindesk businesses dependent on the wireless service provider encountered “routine issues with connectivity and customer service.” He told the online publication some businesses switched providers after a two week phone outage in February.

“They could have done well in this area but the customer service has just been awful,” Witthaus said. “And now, two weeks without phone is just unacceptable.”

Is GAW Wireless operating on autopilot?

Is GAW Wireless operating on autopilot?

Garza’s performance in the Bitcoin world has been given similar reviews after his mining venture rose to prominence and then collapsed, leaving investors and regulators looking for answers.

Bitcoin, a digital currency, is not issued by any central banking authority. Instead, new coins are issued to those running complex software that verifies the alternative currency’s public ledger of earlier transactions. The process protects the virtual currency from tampering or other illicit acts like re-spending by its original owner. In return for volunteering computer time to help support the security of the Bitcoin, the software pays users transaction fees and a subsidy of newly minted coins.

The prospect of getting “free money” just by running software encouraged the start of a virtual Gold Rush. Instead of mining in the ground looking for precious metals, prospectors eventually sought investors to fund powerful computers dedicated entirely to “mining” for Bitcoins. The Bitcoin system only releases so many coins at a time, and that number has been dwindling by design and will eventually reach zero. As a result, individual enthusiasts running the Bitcoin software during their spare time have seen their awards deteriorate as large-scale “mining operations” capture a growing percentage of the newly issued currency. To combat this trend, mining pools share resources to compete with the larger players and private contractors sell individuals and clubs time and access on powerful computers in return for a “mining contract.”

gawEnter GAW, which stands for “Geniuses At Work.” Garza’s business depended on a steady stream of clients investing in his enormous mining operation. GAW Miners claimed it has 200,000 customers and $120 million in revenue in just six months. GAW also reportedly collected 28,000 Bitcoins worth over $10 million in just two months.

Garza was never modest showing off his success, appearing in a tuxedo flying around in a private jet, showing off a collection of expensive Ferraris, and living in a $600,000 5,300-square foot stone house outside of Springfield, Mass.

But even as Garza’s company began moving hundreds of “mining rigs” (high-powered computers) into its newly leased 150,000-square foot warehouse in Park Purvis, Miss., some disgruntled ex-clients and investors began complaining Garza’s record was heavy on promises and light on delivery. Bitcoin news sites also began expressing concern about Garza’s operation. At around the same time back in Vermont, Great Auk Wireless customers experienced a very serious service outage that disrupted their phone and Internet service. While the rumor mill swirled about Garza’s ethics, the Mississippi Power Company was investing hundreds of thousands of its dollars to upgrade power to Garza’s warehouse. In return, GAW committed to stay for at least one year. It left after just a few months, folding operations and leaving the utility with $220,000 in unpaid electric bills and over $73,000 in damages and costs. The utility sued and was ignored by GAW.

“Mississippi Power filed a motion for default judgment because GAW failed to answer or otherwise defend the lawsuit,” the power company said in a statement. “We are asking the court to give us a final judgment on the amount that’s owed on this account.”

GAW Miners' data center in Mississippi.

GAW Miners’ data center in Mississippi.

Collecting any judgment may prove difficult because most of GAW’s employees and management have reportedly fled, resigned, or been terminated.

With GAW Miners largely defunct, the Securities and Exchange Commission has taken an interest, questioning whether Garza’s ventures involved unregulated securities, a big no-no with the feds. The SEC is also sharing its wealth of information with the Federal Trade Commission, which is investigating GAW Miners for potential false advertising. The Department of Homeland Security also wants to know if Garza was engaged in money laundering, and the IRS is pondering whether Garza reported all of his capital gains for tax purposes.

To get these answers, Garza’s firm was subpoenaed in February to turn over relevant documents. As of late May, Bitcoin traders suspect Garza has left the country and federal investigators behind and relocated to Dubai, in the United Arab Emirates, which has no extradition treaty with the U.S.

Taxpayers may also be victims.

GAW Wireless collected $18,018 in state grant money to expand wireless broadband service in 2014. The company never delivered the service, according to Vermont officials. A Maidstone couple also alleges GAW never paid them the $3,000 they agreed upon for leasing property in East Maidstone. Guy and Gail Giampaolo were to receive free Internet service and a $300 annual payment in return for the lease agreement. They reportedly received neither.

The VTDigger reported several other instances of service problems from the wireless venture in a detailed article published earlier this month. Even the state Attorney General has been unable to contact the company after an earlier letter was returned by the post office with no forwarding address. The Department of Public Service is asking customers who use GAW Wireless to call the Consumer Affairs Line at 1-800-622-4496. The department will provide customers with information about alternative wireless Internet service providers.

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