Not all mobile customers are treated equally.

That is the conclusion of a new piece in MIT’s Technology Review, which found wireless companies carefully data mine their customers in an effort to keep their best (and most profitable) customers happy, while leaving those who pay substantially less or enjoy an unlimited data plan on hold.

The concept of “big data” — the practice of collecting and analyzing customer usage, payments, and services, has become part of today’s sophisticated data analysis used by wireless companies to target their highest level of service to their best customers.

In practice this means big spenders might cut ahead of others in customer service call queues, be given priority on wireless carriers’ networks, and be pampered with discounts, service credits, and other special offers when service goes awry.

Carriers merge data about network problems—such as how many dropped calls a consumer experienced—with unstructured data such as the transcripts of complaints to customer-service representatives, deciphered by voice-recognition software and searched for angry keywords.

For customers enrolled in expensive “tiered” data plans, the carriers are vigilant to respond with refunds or discounts on re-enrollments; they tend not to be so generous to customers with resource-guzzling unlimited data plans.

The article did not name any specific carriers, but says selective customer-service treatment is “common industry practice in the United States.”

In Europe, disparate treatment goes even further.  When congestion starts slowing down a provider’s data network, some will boot customers with unlimited data plans onto inferior networks which treat the interlopers as second-class citizens, subject to reduced priority and even throttled speeds in some instances.

It is all designed to maximize profits by keeping the most profitable customers happy, even if lesser customers make due with less.

Data mining opens the door to even bigger profits in the days ahead, especially with contextual and location-based advertising that leverages your location with retailers who believe you can be enticed to stop in their stores in return for a discount offer or coupon sent to your smartphone.

“We’re at the beginning of an era in big-data analytics,” says Antonio Rodriguez, a venture capitalist who works at Matrix Partners in Cambridge, Massachusetts. “If you think about the treasure trove of data they have—it’s question of how they tow the privacy line between what they have access to and what they do with it.”

Noted online petitioner Change.org will be promoting a petition to stop bandwidth capping this week.

Perhaps best known for hosting an appeal which influenced Bank of America to drop their proposed $5 monthly ATM card fee, Change.org will be presenting the ‘no data capping’ petition on various social media sites in an attempt to gain signatures.

The petition’s letter, directed to AT&T, Comcast, the Federal Communications Commission, and all Internet Service Providers (ISPs) who practice data capping, demands that they return to a billing model of unlimited access for a reasonable monthly fee.  Telecommunication providers have a responsibility to improve service, not lower it, the authors argue, particularly in light of the fact that taxpayer-funded broadband pipelines already exist, which the providers are not using.

Petition author David K. Smith argues that data caps contradict the Internet’s inherent purpose.  In the petition page’s linked article, “Why Data Caps Are Censorship,” he states that as the Internet is exponentially growing, one can always access more information than any data cap could allow, resulting in censorship from “the Big Picture.” The article maintains that exclusion from the total amount of information available results in “leashed” users having an incomplete perspective due to restricted access, and that incomplete, fragmentary information is useless.

“Now is a great time to be signing and sharing this petition,” said Smith.  “We have Change.org’s attention, and more and more articles are appearing to protest bandwidth injustices.  I feel this is a critical fight for our freedom to information.”

Change.org online help assets suggest that one of the most effective ways to gain signatures is for advocates to place a link to the petition under appropriate news and technical articles, along with a paragraph describing its relevance to the subject discussed.

[Stop the Cap! encourages readers to sign this (and other) petitions which declare the practice of Internet Overcharging unacceptable.  Whether it’s data caps or throttled speeds, customers deserve an unlimited, unthrottled Internet experience they pay good money to receive.  As financial reports show, today’s unlimited pricing formula delivers enormous profits to broadband providers, even as their costs to provide the service continue to decline.]

One of the principal components of Internet Overcharging is the so-called “usage meter,” a measurement tool designed to help customers keep track of their usage so they don’t exceed arbitrary usage allowances and face overlimit penalties or speed throttles.

But with no government agency or independent watchdog monitoring the accuracy of the meter, providers can claim any amount of usage they wish, and stick customers with the bill.

Telecom New Zealand is the latest ISP forced to admit its usage meter was wildly inaccurate, with nearly 100,000 accounts impacted by faulty meter measurements between November 2010 and June 2011.  At least 47,000 faced punitive measures including substantial overlimit fees or throttled speeds for exceeding usage limits, even though they actually didn’t.  Now Telecom has admitted the meter was wrong, it violated the Fair Trading Act in the process, and is refunding $2.7NZ million dollars in overcharges. It was either that or face substantial fines from the Commerce Commission.

Telecom called the error that forced some customers into more expensive plans to avoid additional overlimit fees “an incorrect perception about […] data usage.”

“We’re pleased to have reached a settlement with Telecom and that they have made prompt refunds directly back to the customers who have lost out,” said Stuart Wallace, Commerce Commission Competition Manager. “Telecom brought this issue to our attention as soon as they were made aware by their customers and have co-operated fully with the Commission. Due to Telecom’s immediate admission of a breach of the Fair Trading Act, followed by appropriate compensation to customers, the settlement is the best possible outcome for those customers and avoids potentially lengthy and costly court hearings paid for by taxpayers.”

It’s the second usage measurement failure announced by the company this month.  In a separate move, Telecom agreed to pay $31.6 million to five of its competitors overcharged for wholesale broadband service.

When technically-savvy customers realize they are being billed for non-existent usage and the media takes an interest, providers eventually disclose their mistaken measurement tools.

“Customers are expected to keep these ISP’s honest,” says Stuart Littlejohn, a Stop the Cap! reader in Wellington. “ISP’s never suggest their meters are anything except accurate until they are caught with their fingers on the scale, and always in their favor.”

Littlejohn has already received a refund from Telecom for illegitimate overcharges he incurred earlier this year.

“It was an absolute nightmare,” he shares. “We thought someone hacked our wireless network or someone in the home was lying about their usage, all theories encouraged by Telecom employees who pointed the finger at everyone but themselves.”

Littlejohn says after Telecom granted one credit as a “goodwill gesture,” subsequent overcharges that went unexplained were his problem, not theirs.

“After the first credit, everything else is your fault,” he says.

Littlejohn caught the company red-handed when storm damage disrupted his service for nearly a week, and Telecom’s usage meter recorded 22GB of usage on his down-and-out service anyway.

“They ultimately couldn’t argue with themselves, but they tried at first,” he says. “Then I told them to call the department responsible for repairing my service and they quickly learned the line they said used 22GB was out of service at the time the usage was supposed to occur.”

“Without that, they would have probably insisted I still owed them for that ‘usage.'”

Littlejohn wasn’t alone.  Other overbilled customers appealed their case to the New Zealand Herald last June, and two weeks later, Telecom admitted their usage measurement tool was faulty.  But by then, customers were already paying for the erroneous charges:

The Herald has received detailed internet usage logs from two Telecom customers – one in Dunedin and the other in New Plymouth – which show over-counting broadband downloads, in one period by as much as 139 per cent. Both have raised the matter repeatedly with Telecom, but have yet to get an explanation.

“We showed Telecom five days of data as early as February 14,” says director Mark Peisker of Dunedin’s CueClub. “There was massive variance between our data and that reported by the Telecom usage meter. I said to them: ‘Your counting has very little to do with what comes down my line to me’.”

CueClub’s data taken from its two internet routers shows an average of 62 per cent over-counting during a three month period – the worst month being May when Telecom counted an extra 118.24 gigabytes (GB) of usage amounting to $203.97 in overcharging.

“They’re crooks, plain and simple, and only when they were caught did they admit their mistakes, and the only ‘penalty’ they are paying is refunding their ill-gotten gains,” Littlejohn says. “Where is the substantial fine to send a message stealing from your customers is wrong?  A strong fine would tell Telecom they made a costly mistake not worth repeating.”

Cable One or Cellular One?

Cable One is unique among America’s top-10 large cable system owners for its nearly incomprehensible broadband usage policies, only fully disclosed to customers after they sign up for service.

The cable company, owned by the owners of the Washington Post, have been tinkering with their broadband pricing and Internet Overcharging schemes as they embark on upgrades to DOCSIS 3 broadband service.  The result: faster broadband service priced like a cell phone plan.

Currently, Cable One controls usage of their customers with a daily usage ration coupled with a speed throttle.  For customers, it means keeping track of usage, time of day, and whether you are in the over-usage doghouse with speeds cut in half.

Stop the Cap! went through the sign-up procedure offered online at the Cable One website, suggesting we were new customers in the Anniston, Alabama area.  While the company is quick to disclose speeds and plan features, it takes some deep wading through an Acceptable Use Policy for new customers to unearth the company’s extensive and complicated limits on broadband usage.  The company doesn’t even like to disclose they are throttling your speeds in half as a punishment.  Instead they refer to them as ‘Standard Speeds’:

Company officials have been telling Cable One customers some of these complicated usage formulas are about to be relaxed as they introduce their new 50Mbps DOCSIS 3 broadband service.  With Cable One delivering service primarily in small cities and rural areas, the arrival of 50Mbps broadband has generated considerable excitement, until customers learned the cable company has decided to market it like a cell phone plan.

Cable One primarily serves small cities and towns in the central and northwestern United States.

“The new 50Mbps plan is downright bizarre here in Fargo, N.D.,” writes Stop the Cap! reader Paul.  “It actually costs less than their 10Mbps plan — I was quoted $45 a month for the broadband-only option, $35 if I signed a two year contract.  That actually saves me money as I currently spend just over $50 a month for their 10Mbps plan.”

But Paul learned the super fast broadband plan comes with some major strings attached.

“It is limited to 50GB of usage per month on what they are calling their ‘data plan,'” Paul shares.  “The customer service representative said it was like ordering a data plan with your wireless phone.”

Currently, the 50GB limit is the only data plan on offer, and the usage cap does not apply to usage overnight from midnight until noon the following day.  But those exceeding it at other times face a $0.50/GB overlimit fee.

Paul also says Cable One appears to be ready to dispense with the complicated speed throttle it uses on its mainstream 3-12Mbps broadband plans.  Cable One traditionally gave customers a daily usage allowance ranging from 1-11GB, after which accounts were subject to throttled speeds for the next 24 hours.

“Customers have complained about the slow speeds, throttles, and usage limits for years, if only because they couldn’t navigate all of them and Cable One’s usage measurement tool is often offline or inaccurate,” Paul writes.

“I first learned about Stop the Cap! when Cable One tried to charge some of our local residents $1,000 for cable equipment lost in a fire,” Paul says.  “Cable One has been so bad my wife was hoping Mediacom… Mediacom, would deliver us from them with a buyout.”

Cable One is an example of a cable company that has gone all out with Internet Overcharging, delivering customers an expensive and speed throttled broadband experience.

“Even though the lower price for the 50Mbps plan looks nice, it’s not if you start going over the limit,” Paul says.  “Sorry, broadband is not cell phone service.”

He is sticking with his current 10/1Mbps service plan.

Cable One representatives argue very few customers exceed any of the company’s plan limits, less than 1 percent exceeding them consistently.

Imagine if your electric utility billed you for service based on a meter that was developed by the company, had no third party verification, no oversight by a Bureau of Weights and Measures, and wrote provisions into the company’s terms and conditions that allowed the company to terminate your service if you complained too much about the resulting bills.

Rethink possible.  AT&T.

When America’s largest phone company implements its arbitrary and unjustified Internet Overcharging scheme this May, it will bring its controversial usage meter to bear on every one of its broadband customers — a meter implicated in wild over-measurements of customers’ broadband usage — usage that will put customers perilously close to, or over the limits AT&T wants to establish.  The result?  Fat additional profits in the form of $10 overlimit penalties for every 50GB AT&T says you consumed for broadband traffic that costs them pennies to deliver.

The broadband usage meter is no stranger to controversy and lawsuits over accuracy issues.  Despite reflexive denials that a particular provider’s usage meter couldn’t be wrong, far too many have had to backpeddle and confess that the meter that should have measured $40 in usage and resulted in $4,000 bills instead “was in error.”

Whether providers are developing meters that are just flat inaccurate or are quietly putting a virtual finger on the scale to increase the opportunity of overlimit profits is unknown, but past history shows the meters typically overmeasure usage, not undercount it.

Without independent verification and ongoing oversight, some customers wonder if AT&T is sticking a virtual finger on AT&T's usage scale.

Some recent past history:

• Telstra is Australia was implicated in December for a wireless usage meter that occasionally reported more than three times the usage measured by wireless phone owners’ built-in usage measurement tools.  Company representatives ended up crediting some customers as much as $3500AUD in inappropriate overlimit fees that should never have been charged.  Complaints continue to arrive as late as February about overbilling;
• Telecom New Zealand’s usage meter overmeasured usage this month resulting in overcharges and throttled speeds under the ISP’s “fair use policy.”  One customer was billed for 27GB of usage during one overnight period, despite the fact the computer was switched off;
• BT in the United Kingdom confirmed it overbilled some of their broadband customers in February when their usage meter measured usage for customers who had switched their computers off or took them away on holiday.  As far as BT was concerned, those computers were still at home and still racking up web usage.  Only last week, the company finally confessed their meter was inaccurate — overmeasuring usage that never happened;
• AT&T’s counterpart in Canada — Bell, cannot manage to measure customer usage correctly either, so it suspended its usage tracker tool temporarily.  In February, one customer tired of overbilling proved a point when he took his computer to the United States just to guarantee it could not go near Bell’s network.  The result?  Bell said he used 500MB anyway;
• In February, a class action lawsuit was filed against AT&T for “overmeasuring” wireless usage in some instances by up to 300 percent;
• Last fall, Verizon was forced to refund $25 million dollars for phantom data usage charges for service many customers claimed they never used.

In virtually all of the prior incidents, a common pattern emerges, usually ending when providers fall on their swords, admit error and issue refunds:

• Phase 1: Initial denials from providers there is a problem with the meter, usually blaming the customer, the customer’s measurement tool, or the process used instead;
• Phase 2: Once proven to be an issue, an effort to downplay its significance and impact with claims that only a “tiny” percentage of customers were affected;
• Phase 3: Refusal to submit usage meters, wholesale costs, and other components of Internet Overcharging to third-party verification;
• Phase 4: Refusal to allow an independent audit of customer accounts to verify overbilled customers were properly refunded every penny of excess charges;
• Phase 5: Class action lawsuit or government investigation commences;
• Phase 6: Settlement reached with refunds or low value coupons to customers who take the time to request one;
• Phase 7: Report excess profits from unclaimed refunds on balance sheet.

In too many cases, multi-billion dollar telecom companies that rely on those meters to measure and bill customers for their usage were implicated not for undermeasuring usage, but overmeasuring it — often substantially.

Some AT&T customers are already disturbed with what could be history repeating itself.  A reader of Broadband Reports in Skokie, Ill., compiled his own detailed analysis and found AT&T’s measurement tool grossly overmeasured his usage, and even worse, couldn’t do simple math and overmeasured him again when adding up his daily usage totals:

AT&T said that I had used 361GB in a single month! Surely this couldn’t be right. I’m a heavy user, but every time I even so much as glanced at my usage stats they’ve always been in the 200GB range. Surely something was amiss, so I decided to dig deeper.

It’s an old habit, but the first thing I do when I suspect something is wrong with any bill is enter all the line items into a spreadsheet and add them up myself. It sounds like busywork, but sometimes you’ll catch unlisted charges that have been phantomly added to your bill, or occasionally an outright math error. I couldn’t believe what I found. AT&T’s usage meter results insist I had used 341.39GB down, and 20.18GB up. But when I added all the daily detail entries (the DSL equivalent of a call log), only 332.8GB down and 0.72GB up are accounted for.

AT&T is claiming that I used 361.57GB of data, but according to their own daily data I only used 333.52GB, an 8.5% overcharge.

This AT&T customer discovered AT&T overmeasured his usage far more than it undercounted it. (Lines above the baseline show downstream traffic AT&T overmeasurement; lines below show undercounted usage. Click to enlarge.)

In total, this particular customer reports his usage was overmeasured by a whopping 33 percent. He is not alone.  A robust thread of similar results is active on Broadband Reports.

AT&T’s response to the early criticism follows the same path taken by other providers, starting with denials.

“We’re addressing ways we can make the labels and information on the online metering tool more clear for customers between now and May (when the new policy goes into effect),” said AT&T spokesperson Seth Bloom.  “I can also assure you our team is performing checks everyday to ensure accuracy.  That said, we believe we have an accurate tool.”

“Other tools may measure at different 24-hour periods than we do, and most likely do not take into account the standard network protocols (e.g. Ethernet, IP) that are used to provide applications and content to our customers via the Internet.  As you know, this is fairly standard to incorporate when measuring broadband traffic and is applied by other ISPs who measure usage.”

Customers and columnists alike are worried about AT&T's new data limits. This Milwaukee Journal-Sentinel columnist is not thrilled, and neither are customers who overwhelmingly want unlimited broadband access.

“In the end, AT&T expects the caps to impact only the aforementioned 2% [that comprise its heaviest users].”

With the right level of over-measurement, virtually anyone can be a member of the “2% Club.”  One customer told Connected Planet AT&T was already overmeasuring her DSL account by as much as 4,700%.

How can you measure your usage to compare against AT&T?

“It’s not hard to maintain independent usage statistics to double-check AT&T’s numbers,” says the Broadband Reports reader in Skokie. “If you have a DD-WRT compatible router, it will keep your upload and download history automatically. If you don’t have a compatible router, you can still run WallWatcher or MRTG to get the total bandwidth used by your router. Finally, if your computer is connected directly to your DSL modem without a router, you can run software like Net Meter to track your internet usage.”

Customers inconvenienced by unnecessary usage meters which threaten to expose them to unjustified overlimit fees is just one more reason why we call out these Internet Overcharging schemes.  Call AT&T and let customer service know you intend to switch providers if AT&T implements their usage cap scheme in early May.  Tell them regardless of what kind of usage you incur each month, you cannot afford the chance AT&T’s apparently inaccurate usage meter could expose you to a higher bill.  Tell them you don’t want the hassle, and the only way you will remain as a customer is if they do away with the entire scheme.