All too often customers who sign up for “price lock” agreements or 12-24 month service contracts find themselves trapped when a provider finds a clever way to increase rates or introduce usage caps and still subject customers to a steep early termination fee if they want out of the deal.

In the United Kingdom, the Office of Communications (Ofcom) wants providers to tell customers at least 30 days before any price or service changes and show customers how to cancel the contract and leave without a termination fee.

Ofcom says its new rules on ISPs, landline and mobile operators are designed to stop mid-contract price hikes or service reductions.

The regulator is responding to multiple consumer complaints where providers have used “wiggle room” in contract language designed to let customers off the hook if a provider attempts a “materially adverse” change mid-contract that a customer does not accept. This language is common in both the United Kingdom and North America.

Several years ago, providers on both sides of the Atlantic began adding non-regulatory fees to customer bills to hide rate increases. The charges often sound “official,” but are in fact not. When customers demanded to cancel over charges like “regulatory recovery fees,” “rights of way fees,” or other costs of doing business now broken out on their bills, many successfully invoked the “materially adverse” clause of their contract to escape termination fees.

These days wireless carriers have gotten wise to that. When a customer now calls to demand out of their contract, companies refuse, claiming the small dollar amounts involved are not “material” changes. They often reinforce this by offering to credit a persistent customer’s account for the amounts involved.

Ofcom considers this practice an end run around the contract, and wants it stopped. The regulator is notifying providers it is now likely to regard any and all price increases of any kind to be “materially adverse/detrimental.” The regulator warns it will also treat reductions in voice minutes, texting, and data usage allowances the same as a price hike.

“Ofcom is today making clear that consumers entering into fixed-term telecoms contracts must get a fairer deal,” said Claudio Pollack, director of Ofcom’s Consumer Group. “We think the sector rules were operating unfairly in the provider’s favor, with consumers having little choice but to accept price increases or pay to exit their contract. We’re making it clear that any increase to the monthly subscription price should trigger a consumer’s right to leave their contract – without penalty.”

Ofcom has also found that some consumers were caught unawares by mid-contract price rises and were not sufficiently warned this could happen when they signed up. In some circumstances, consumers may also have not been made adequately aware of their right to exit their contract, or of the amount of time they had to exercise this right.

To address this problem, the new rules explain how providers should communicate any contract changes, pricing or otherwise, to consumers.

These measures include ensuring that letters or e-mails about contract changes should be clearly marked as such, either on the front of the envelope or in the subject header.  Notifications of price increases must also be clear and easy to understand and make customers aware of the nature and likely impact of the contract change.

Where relevant, information about the customer’s right to exit the contract should be made clear upfront – for example, on the front page of a letter or in the main e-mail message, rather than via a link. The period within which consumers can cancel their contract (Ofcom’s guidance sets out that providers should allow consumers 30 days) should also be made clear.

The new rules take effect in 90 days.

When Jeff McDonaghe celebrated the beginning of 2013, his cable and Internet bill from Shaw Communications was roughly $117 a month. In April, Shaw announced a wide-ranging rate increase that cost the Calgary resident an extra $7 a month. Now Shaw is back for more with another rate increase that will cost the McDonaghe family an additional $11 a month. His October bill: nearly $135 — $18 more a month.

“Shaw seems to have gotten quite comfortable raising rates at least twice a year, because my bill has gone up like clockwork every six months or so,” McDonaghe tells Stop the Cap!

Shaw representatives blamed the “price adjustment” on the cost of programming, its upgraded “digital gateway” set-top box, and higher licensing and regulatory fees.

September 2013 Rate Adjustment

At Shaw, we’re committed to providing quality products and services at the best value for all customers.

To continue delivering the best entertainment options, you may notice a few changes to your monthly bill, effective September 1, 2013.

For customers in Manitoba and Ontario (excluding Hamilton), these changes will take effect on October 1, 2013.

Changes are as follows:

Some of the most significant rate hikes will affect grandfathered service plans, leaving some customers scratching their heads.

Shaw’s old 20Mbps plan (no longer listed on the company’s website) now costs $60 a month, the same price charged for Shaw’s newer 25Mbps tier.

The company’s old “discount” Internet plan delivered DSL-like speed of 7.5Mbps for $45 a month. On Sept. 1, Shaw raised its price to $50. Today, Shaw’s entry-level 10Mbps broadband package sells for $55 a month — only $5 more — with a 125GB monthly usage cap.

Despite the company’s claims of increased costs, Shaw reported $250 million in profits during the third quarter of this year, delivering better than anticipated results with a promise to return some of the excess cash to shareholders in the form of dividends.

“Given the improvement in free cash flow and assuming continued favorable market conditions, our board plans to target dividend increases of five to ten percent over the next two years,” said Brad Shaw, CEO of Shaw Communications.

Shaw’s financial gains come at the cost of its declining customer base. During the summer, Shaw lost at least 26,578 basic cable subscribers due to increased competition from Telus’ TV service. The company did better adding broadband customers (4,157), but its greatest growth has come from its phone business, where the company picked up 17,719 new landline customers.

Drew McReynolds from RBC Capital Markets said Shaw was growing revenue mostly by “better monetizing the existing subscriber base.”

“Shaw’s revenue and EBITDA beat was mostly due to price increases,” added Greg MacDonald, managing director at Macquarie Capital Markets Canada.

Former CEO Jim Shaw is costing Shaw some of its earnings as well with a pension payout of almost $500,000 a month. In fact, the Shaw family that founded the cable company has three generations of pension and salary obligations it expects to be honored:

• J.R. Shaw, the company chairman has an annual pension of $5.4 million;
• Jim Shaw, J.R.’s son, now gets $5.95 million annually;
• Bradley Shaw, Jim’s brother and current CEO is eligible for a $3.97 million pension at age 65. His accrued pension obligation is $37.6 million.

Jim Shaw’s pension alone has cost Shaw more than $71 million in financing expenses because the company’s executive pension plan is not pre-financed; the costs are instead paid from annual cash flow as a compensation expense.

“Those price hikes are going to executive compensation and to shareholder dividend payments, because my service has not improved a bit despite paying almost $20 more a month this year,” complains McDonaghe. “The best mere mortals like ourselves can get when threatening to cancel are some temporary credits of around $5 a month for each of their services. Even with those credits, my bill is still higher.”

AT&T continues its quest to make landline service a really bad deal with the introduction of a new bill-padding fee that wireless customers will not have to pay.

AT&T’s $1.99 “Tennessee Regulatory Inspection Fee” appeared on customer bills in March, much to the surprise of customers.

“My regular service is only 22 bucks,” Charles “Buck” Meyer told the Chattanooga Times Free Press. “If they add $2 to it, that’s almost a 10 percent increase. I’ve been on the fence about switching off my landline for some months, and this could be the thing that pushes me over the edge.”

AT&T says it is entitled to recoup the money it pays to the Tennessee Regulatory Authority. The $1.99 fee appearing on March bills is a “one-time” fee until AT&T figures out how much it plans to charge customers on an ongoing basis. Most companies subject to TRA fees build them into the monthly cost of the service. AT&T is the only phone company in the state to break the fee out on the bill and collect the money separately.

In 2009, when the company lobbied for widespread deregulation of phone bills in Tennessee, it claimed deregulation would not bring about increased rates.

Meyer does not see it that way. He considers AT&T’s new fee a stealth rate hike.

“Slip a little line item on there that’s just a couple bucks and is a one-time deal,” he told the newspaper. “Then pretty soon it’s on there every month.”

The new fee is permitted because of a 2009 change in Tennessee’s statutes that now allow companies to pass along regulatory fees on customer bills.

Companies like AT&T heavily lobbied for statewide deregulation of telephone bills that year, and spent $180,000 in campaign contributions to lawmakers, their political action committees or party organizations. AT&T hired at least 20 lobbyists to help push deregulation through the Tennessee legislature. Critics of the bill warned its passage would lead to rate increases, something AT&T denied at the time.

AT&T Tennessee president Geoff Morton told the Times Free Press back in 2009, “the company needs to compete with rivals and is not interested in raising rates.”

AT&T refused to say how much it will collect from the new fee, but Morton said the company is now lobbying for another law that would gut the fees AT&T pays to the TRA to oversee the quality of phone service in the state.

“In the previous administration, telecommunications inspection fees increased despite a dramatic decrease in telecommunications services regulated by the commission,” AT&T spokesman Bob Corney told the newspaper. “We are hopeful that legislation will pass this session to reduce the regulatory burden on landline telephone customers in Tennessee.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WMC Memphis ATT Mystery Fee 3-21-13.mp4[/flv]

WMC’s “Ask Andy” segment has some non-answers from AT&T about their new $1.99 “regulatory authority inspection fee.” When the Memphis consumer reporter called AT&T, the company said, “no comment.”(1 minute)

Customers unhappy with Sprint’s mobile service need not wait until the end of their contract term to switch providers without incurring an expensive early termination fee.  Sprint has changed its pricing for their monthly regulatory fees from $.20 to $.40 per month.  Although it sounds all-official-sounding, in fact it’s nothing more than pure profit padding.  It’s a “junk fee” thrown on to customer bills ostensibly to pay for the company’s costs of complying with legal regulations.  In fact, a lot of it probably ends up paying for their lobbyists.

No matter, because you can use this pesky fee to your advantage if you were thinking of switching providers.  Your contract with Sprint includes a clause pertaining to a “materially adverse changes” to your contract with Sprint, and paying even more for your Sprint service sounds mighty adverse to me.

This means you get to break your contract, leave, and pay them zero in cancellation fees on the way out the door.  If you are happy with Sprint service and want to stay, you can also use the extra charge to extract free add-ons, like a free texting plan or other calling feature.  Maybe you want a new and better phone now at a substantial discount instead of waiting until the end of your contract.  Or maybe you just want to refuse paying this junk fee.  All things are possible during your 30-day window of opportunity to your favor, depending on the representative you reach and their authority to act on your behalf.

The Consumerist has some great pointers to prepare you for the call or online chat you are about to have with Sprint.  Be prepared for some varying degrees of push back from the company representatives, many who will be under-informed about your right not to pay junk fees and get out of your contract without penalties:

• When you call, they will ask you why you are canceling and try to get you to say you are unhappy with some other aspect of the service. You need to stick fast to your guns and insist, no matter what, that the only reason you are canceling is because you are rejecting this materially adverse change in contract terms and conditions.
• Not looking forward to playing head-games over the phone? Some readers have had better luck using online chat. “They just copy-and-paste a few canned pleas for you to stay, and all you have to do is type no thanks,” says commenter ohenry. “Plus then you can save your chat.”
• Yes, you can keep your phone number and port it to another provider.
• Yes, you may be able to use this to switch to a month to month plan.
• You only have January 31, 2010 to cancel.

The Consumerist site has a comments section with the experiences of those looking for the exit.