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Spectrum Telemarketer: “Are You Busy?” Answer “Yes” and You Are Signed Up for Service

Phillip Dampier January 21, 2020 Charter Spectrum, Consumer News, Online Video, Public Policy & Gov't Comments Off on Spectrum Telemarketer: “Are You Busy?” Answer “Yes” and You Are Signed Up for Service

Residents in upstate New York are finding Spectrum bills in their mailbox for services they didn’t order and don’t want, after telling Spectrum telemarketers they were too busy to talk.

Three residents in Tupper Lake have been in touch with the village mayor, complaining they were enrolled in a $30-per-month Spectrum streaming TV service without their knowledge or consent.

Mayor Paul Maroun says recent robocalls from the cable operator were responsible for the surprise bills.

“It was a robocall that said, ‘Are you busy at the moment?'” Maroun said. “Once you said ‘yes,’ they record the ‘yes’ and they bill it.”

Maroun said he believes one or more Spectrum telemarketers are ordering new services for consumers using recorded customer responses to a different question as consent to start service. Within a month, bills start arriving in the mailboxes of consumers. Even worse, some consumers do not immediately realize they are being billed for new services they did not authorize because they chose electronic billing and autopay, which automatically pays the bill without customer intervention each month.

The problem was serious enough to be a topic of discussion by the village board, reports the Adirondack Daily Enterprise:

One alleged victim of the call is retired village electric department superintendent Marc Staves, who returned to the village board for a meeting on Wednesday as a civilian to tell the board about his experience and to warn others.

Staves said he caught the additional charge on the first month it landed on his bill. He said he is not sure how it happened because he does not remember taking a call. Staves said Spectrum told him a robocall was placed, but he said his phone records show he never answered it.

“That’s kind of underhanded,” Staves said when he learned how the call works at the village board meeting.

He has automatic payments set up on his account, but still checks the amount.

“It’s always good to keep track of your automatic deductions,” Staves said.

He was told the company would refund his money, but said after a week it still hadn’t. When he called again he said he was told the $30 charge would be taken off his next month’s bill.

“I was okay at that point until I hung up the phone and thought about it,” Staves said. “It’s really no different than me going into your wallet, taking $30 out of your wallet and telling you I’m going to work it off next month.”

He said he is “not satisfied” with the resolution Spectrum offered him, saying it is being done in a “roundabout way.”

Maroun told Staves he has received two other calls from villagers about the same problem, both for $30-per-month charges. He said those people have gotten their money back.

Mayor Maroun

Spectrum spokesperson Lara Pritchard said this was the first time she heard of this complaint and suggested third party scammers might be “spoofing” customers.

“If an offer doesn’t sound right, customers can ask the representative on the phone to validate they are an employee by looking up their account number,” Pritchard wrote in an email. “Spectrum representatives will always have an account number. Then call Spectrum (at their customer service number on your bill) and ask if there is any such person working there.”

But since consumers are being billed for the unauthorized service(s) on their Spectrum bill, the telemarketers must have a business relationship with the cable operator. It could be a third party marketing company hired by Spectrum to sell service. A bonus or commission is likely payable for each successful sale, which could be an incentive for a dishonest employee to game the system.

Stop the Cap! recommends not answering Spectrum’s telemarketing calls or just hang up immediately. Be sure to verify your bill through the My Spectrum app or website and report any unauthorized charges immediately. Consumers can also file complaints with your state Attorney General’s office. Fabien Levy, a spokesman for New York’s Attorney General told the newspaper while the office has received a number of complaints about Spectrum, none were related to this issue. That could change if consumers report these kinds of scams.

Comcast Paying Record $2.3 Million Fine for Being Comcastic to Customers

Phillip Dampier October 11, 2016 Comcast/Xfinity, Consumer News, Public Policy & Gov't Comments Off on Comcast Paying Record $2.3 Million Fine for Being Comcastic to Customers

comcastComcast will forfeit $2.3 million to settle a nationwide investigation into the company’s negative option billing practices — charging customers for services and equipment they declined or never requested.

The fine from the Federal Communications Commission’s Enforcement Bureau is the largest penalty ever assessed against a cable operator, and comes with a requirement that going forward, Comcast get clear consent from customers approving any future products or services that could impact their cable bill.

The FCC, in a news release, compared Comcast’s actions to “cramming” unauthorized/fraudulent charges on telephone bills and said FCC rules specifically prohibited cable providers from charging customers for services or equipment they did not request.

“It is basic that a cable bill should include charges only for services and equipment ordered by the customer—nothing more and nothing less,” said Travis LeBlanc, chief of the Enforcement Bureau. “We expect all cable and phone companies to take responsibility for the accuracy of their bills and to ensure their customers have authorized any charges.”

comcastThe FCC was showered with complaints for years about Comcast’s allegedly unethical business practices of billing for customer-owned modems, modems that were returned, unwanted premium channels, extra set-top boxes and DVRs. Many complainants accused Comcast of sending equipment or adding services even when those customers specifically declined them. Others discovered they were being billed for equipment they did not request, never received, or returned previously.

The FCC found consumers were inconvenienced and spent “significant time and energy” attempting to prove their case to get the unauthorized charges removed from current and past bills.

Under a consent agreement with Comcast, the company must  implement a five-year compliance plan.

“Specifically, Comcast will adopt processes and procedures designed to obtain affirmative informed consent from customers prior to charging them for any new services or equipment,” the FCC news release stated. “Comcast will also send customers an order confirmation separate from any other bill, clearly and conspicuously describing newly added products and their associated charges. Further, Comcast will offer to customers, at no cost, the ability to block the addition of new services or equipment to their accounts. In addition, the settlement requires Comcast to implement a detailed program for redressing disputed charges in a standardized and expedient fashion, and limits adverse action (such as referring an account to collections or suspending service) while a disputed charge is being investigated.”

A Comcast spokesperson denied the FCC’s accusations and called reports of erroneous billing “isolated errors” that resulted from “employee error” and “customer confusion.”

“We have been working very hard on improving the experience of our customers in all respects and are laser-focused on this,” Comcast said in a statement. “We acknowledge that, in the past, our customer service should have been better and our bills clearer, and that customers have at times been unnecessarily frustrated or confused. That’s why we had already put in place many improvements to do better for our customers even before the FCC’s Enforcement Bureau started this investigation almost two years ago. The changes the bureau asked us to make were in most cases changes we had already committed to make, and many were already well underway or in our work plan to implement in the near future.”

Apple Stores Accused of Allowing Crooks to Buy Smartphones and Bill Them to Random AT&T/Verizon Customers

Phillip Dampier March 12, 2015 AT&T, Consumer News, Verizon, Video, Wireless Broadband 1 Comment
KMGH Denver reporter Marshall Zelweger holds up some of the emails received in the newsroom from victims that had new iPhone 6 smartphones billed to their account. (Image: KMGH-TV/Denver)

KMGH Denver reporter Marshall Zelinger holds up some of the 50 emails received in the newsroom from victims that had new iPhone 6 smartphones billed to their Verizon Wireless account in February. (Image: KMGH-TV/Denver)

If you want a new iPhone 6 and don’t want to bother paying for it, buy one from an Apple store and they just might bill your purchase to a unknowing third-party with few or no questions asked.

The scam, which first emerged last month, has now spread coast to coast and now involves more than 100 illegally obtained iPhones that victims complain were billed to them with little or no verification by Apple or wireless carriers. Many of those orders, but not all, originated inside Apple retail outlets and AT&T told one Connecticut victim they are being hampered in their fraud investigation by Apple, which is allegedly not cooperating with the wireless carrier.

In Denver, dozens of victims shared their stories with KMGH-TV back in February when the fraud first appeared.

“We have heard from more than 50 customers who said their accounts have been charged for new iPhone 6s, and new service plans or altered service plans, that they never requested,” reporters told viewers.

Verizon Wireless and their customers were the original targets, and Verizon initially blamed their own customers for the fraud.

Denver area resident Terri Olson was livid after Verizon accused her son of ordering new iPhones on her business account.

“He happened to be in the office that day,” said Olson. “We’re like, ‘Wow, he’s here. He’s not on the phone with Verizon.'”

Verizon promised it would drop the charges and tighten security on her account, but two days later, Verizon called confirming they had just accepted and shipped an order for four new iPads.

“She explained to me that she had my son on the other phone line, on hold. Funny thing, he was here with me,” Olson told KMGH. “We proceed, later that day, to get an email confirmation from Verizon that our order is shipping to Henderson, Nevada — (the order) that was supposedly stopped.”

Olson was able to get FedEx confirmation the four iPads were indeed sent to Henderson and signed for by someone, and it was not her son.

“It’s no way to run a business. If I did this to my customers, oh my God, we’d be out of business,” said Olson.

A few days later, more than $2,000 in fraudulent charges showed up on her Verizon bill, and the company was stalling on crediting her account.

“Basically, I’m risking my entire fleet of cell phones and data plans and iPads and everything because I don’t want to pay thousands of dollars ahead, waiting for this supposed credit,” said Olson. “I have already gone up the food chain. I’ll continue to go up the food change. We’re not taking no for an answer.”

Another Denver victim suddenly received news he was the proud new owner of four new iPhone 6 smartphones from Verizon Wireless, despite the fact he was an AT&T customer and had never authorized the purchase of the phones or the two-year contracts that came with them. A Verizon store told him if he didn’t return the phones, he’d be on the hook for their full value — $449 each as well as $160 in service charges.

[flv]http://www.phillipdampier.com/video/KMGH Denver More than 50 Verizon customers tell 7NEWS they are victims of unauthorized charges on their accounts 2-10-15.mp4[/flv]

In February, KMGH in Denver reported more than 50 viewers were billed for illegally obtained Apple iPhones charged to their Verizon Wireless accounts. (2:35)

Verizon couldn’t believe the security problem was on their end or at their authorized resellers, so they initially blamed customers in a statement:

As we have stated before, there is no evidence of a data breach at Verizon Wireless that would put our customers’ information at risk. In order for us to look into this further, we will need to work with our customers one-on-one.

In fraud cases, we often find customers have been tricked or persuaded to provide information that allows fraudsters to compromise their accounts. But without the further information you have offered to provide on these particular cases, we cannot determine what has happened.

That triggered a social media backlash.

“For them to suggest that this was phishing and effectively blame the customer is even more appalling,” wrote one victim. “I realize phishing happens too and folks are duped, but that is not the way this happened in my case.”

A North Carolina church was billed for 17 illegally-obtained iPhone 6 smartphones, totaling more than $10,000. (Image: WAVY-TV/Norfolk)

A North Carolina church was billed for 17 illegally-obtained iPhone 6 smartphones, totaling more than $10,000. (Image: WAVY-TV/Norfolk)

Verizon Wireless has been the victim of phishing attempts inviting customers to use their Verizon Wireless login credentials and a four digit billing code which many might assume to be the last four digits of their Social Security number to get a one-time credit on their account. The link actually leads to a fraudulent website, where information obtained by the hacker could be used to log into a legitimate customer’s Verizon Wireless account. But a Verizon store representative tells Stop the Cap! that alone would not be enough to complete a purchase at a retail store.

“A phishing fraud victim would be providing the crook login information that could be used to order equipment off Verizon’s website, which seems to be a lot less risky than walking into a retail store to commit fraud,” a Verizon store employee not authorized to speak to the media tells Stop the Cap! “Verizon confirms direct online orders right away with customers, so they would know immediately if there was something wrong with their account. They wouldn’t usually know if a third-party retail reseller billed a phone to their account until the bill or the phone came.”

After the number of fraud reports ballooned, Verizon Wireless evidently tightened its own internal security because by late February, the fraudsters moved on to AT&T.

In Hartford, Conn., Meg O’Brien found out she was a victim when her own phones stopped working.

“Three of our four phones had no service,” O’Brien told Hartford’s WFSB-TV. When she called AT&T, they knew straight away what was happening. “They responded by saying ‘oh – hold on a minute – there’s obviously some fraud…you have three new iPhone 6’s’ and I said ‘ah no we have no iPhone 6’s’.”

AT&T told O’Brien she was far and away not the only victim, and AT&T was concerned because Apple reportedly was not cooperative assisting AT&T in tracking down the Apple retail store(s) where the theft originated. AT&T did confirm the thieves were able to acquire the equipment by charging it to random AT&T wireless accounts.

The Apple store(s) involved allegedly did not need proof of identity or a credit card to complete the transactions, and that leaves O’Brien fuming.

She told WFSB she found it unbelievable Apple stores were handing out phones to customers with nothing more than an AT&T customer’s phone number, and she’s unhappy Apple isn’t being forthcoming.

“So I have no idea what other information has been sold or bought or anything,” O’Brien said. She is filing a complaint with Connecticut’s attorney general.

An Apple spokesperson tells us nobody is supposed to be able to walk out of an Apple store with a new phone without a complete wireless account number, the last four digits of the account holder’s Social Security number, photo ID, and final approval from a wireless carrier. Apple claims the purchase met all four criteria, something O’Brien disputes.

[flv]http://www.phillipdampier.com/video/WFSB Hartford Hacker charged 6 iPhones to woman ATT account 3-11-15.mp4[/flv]

WFSB in Hartford reports AT&T customer Meg O’Brien was victimized by fraudulent purchases at an Apple retail store Apple is refusing to name. (2:39)

The Fountain of Life Ministries in Elizabeth City, N.C., has been victimized at least twice by a crook using the church’s name to get at least 17 iPhone 6 smartphones for himself, leaving the church with the bill from AT&T.

special reportChurch employees first learned they were targets when the thief tried to acquire the phones from Verizon Wireless, which apparently learned its lesson from earlier fraud cases and rejected the purchase.

AT&T was more receptive, authorizing the purchase of more than a dozen phones bought on different days.

“I’m just amazed somebody would do that,” Pastor Preston Pitchford told WAVY-TV.

Church employee Christy Wells was even more stunned when the bill arrived.

“When I saw it was from AT&T, I was like, I know this has got to be him. He probably succeeded,” Wells told WAVY. “I see a charge to Fountain of Life for $10,000, and I knew that wasn’t for us. Who would even think to do something like this?”

The church doesn’t use iPhones and doesn’t have an account with AT&T.

[flv]http://www.phillipdampier.com/video/WAVY Norfolk Church billed 10K for fraudulent iPhone purchases 3-3-15.flv[/flv]

The Fountain of Life Ministries in Elizabeth City, N.C. was victimized twice by iPhone 6 fraud. Verizon Wireless rejected the fraudster’s first attempt, but AT&T accepted his second… for 17 iPhones. From WAVY-TV in Portsmouth, Va. (2:12)

Comcast Employees Stole, Sold Identities of Customers; Comcast Tells Victims to Pay Fraudulent Charges

Phillip Dampier October 15, 2014 Comcast/Xfinity, Consumer News, Public Policy & Gov't 12 Comments

crimeA Tennessee man is facing $1,300 in unauthorized cable charges and ruined credit after at least one Comcast employee allegedly stole his identity and provided it to an outside vendor who signed up new Comcast customers who never had any intention of paying their bills.

Ricky McClure of Murfreesboro first learned about the fraud when collection agencies working for Comcast sent him collection notices demanding payment of a combined $1,300 in unpaid charges made in his name in Shreveport, La.

McClure is already a Comcast customer, and he does not pay his cable bill late, so he called Comcast over what he thought was a simple billing error and ran into a customer service buzz saw.

“Comcast basically said the name and social matches what we have on record so this is your account. You need to pay the money and we’re not going to pull it back from collections,” McClure told WKRN-TV.

McClure was left investigating the mysterious charges on his own and discovered the extra accounts on his credit report, both using his Social Security number, and opened without his permission. Even more disturbing, the service addresses on file were in a city McClure has no ties to.

"Where is our money, lady?"

“Where is our money, lady?”

“It’s very alarming. You don’t know who is going to be calling you next,” said McClure.

Comcast’s customer service seemed unconcerned McClure’s identity was stolen. They simply wanted to clear up the matter of the $1,300 in unpaid charges. In fact, Comcast reserves the right to terminate an identity theft victim’s own service until the billing matter is settled or the fraud verified.

An isolated incident? Not quite.

Stop the Cap! reader John Spencer (not his complete real name at his request) in Nashville was also a victim of Comcast fraud. He wrote to share the story of McClure, which he recognized only too well. He faced over $2,000 in Comcast bills sent to collections for another “customer” in Shreveport. This time, the thieves were smart enough to submit a change of address for the bills headed for Louisiana, claiming it was a vacation property. The collection agency finally connected the Social Security number to Spencer’s address in Nashville and commenced collection activity that dropped his FICO score by more than 90 points, which now hovers around 600. Spencer’s damage went far beyond dealing with persistent collection calls. Alarmed credit card issuers running periodic credit checks suspended or slashed Spencer’s credit lines because he was suddenly a credit risk, and Verizon wants him to pay a deposit on his new cell phone account. His car insurance even went up $65 semi-annually, the insurance company explained, because his credit score necessitated a re-evaluation of his rate.

It took over three months for Comcast to finally get the negative information off his credit report, and nine months later he is still trying to get his former credit reputation back. While credit card companies did restore his former credit lines, they made new credit inquiries before granting his request, which has cost him 40 points on his restored FICO score for “excessive credit inquiries.” Verizon won’t budge on demanding a deposit, and his insurance company will reconsider his rate only after it comes up for renewal.

Comcast's identify theft reporting form runs six pages and requires a police report, a notarized signature, and  copies of your valuable photo ID.

Comcast’s identify theft reporting form runs six pages and requires a police report, a notarized signature, and copies of your valuable photo ID.

Identity theft has become pervasive enough at Comcast that the company dedicates a special section of its website to accept reports from customers victimized by unauthorized charges.

Comcast doesn’t offer much of a shoulder to cry on either, sternly telling victims they must complete and sign a notarized affidavit, attach a police report for the claim, and prove to Comcast’s satisfaction where they actually live.

Some customers already victimized by Comcast once aren’t too happy about another requirement – providing a copy of a valid government-issued photo ID like a driver’s license or passport. If Comcast employees were willing to peddle your Social Security number for quick cash, imagine what they can get for a copy of your driver’s license.

Don’t expect the collection calls to end immediately either. Comcast warns it considers all accounts valid and payable amounts due until proven otherwise.

San Francisco area customer Tammerlin Drummond was also a victim of a rogue Comcast employee who sold her Social Security number and address to an unknown third-party who opened an account and collected a bounty of cable equipment.

Comcast billed Drummond $442.13 for service at an address she had nothing to do with. Ironically, Comcast sent Drummond a separate letter claiming that the security of her account was “a top priority at Comcast” and included a PIN number.

Comcast doesn’t like to break a sweat investigating these scams and kept the fraudulent account open while putting Drummond on its customer fraud treadmill, insisting she do all the work completing the aforementioned affidavit. Another representative even suggested visit a Comcast store in Oakland because people associated with the fraudulent account were recently there to pick up more cable equipment.

“She gave me the ID of the rep who had handled the transaction and suggested I might go to the store to ask if he remembered anything,” Drummond wrote in a column published by the Contra Costa Times. “She said there was a lot of activity connected to my Social Security number and that it was an obvious case of fraud. It smelled like an inside job to me, and I told her so.”

Comcast admitted in all three cases different employees used their positions at the cable company to access customers’ Social Security numbers and other personal information and resell it to other criminals that offer “free” cable service or tell customers to pay them, not Comcast, for “discounted service.”

The two cases in Shreveport were never uncovered by Comcast. It took the initiative of the Shreveport Police Department to launch an investigation last March. Comcast first learned about it not from customers, but from the police department who contacted the cable company about the problem.

tn laVictims were eventually sent letters from Comcast explaining what happened:

“Based on what we know at this time, a small group of individuals employed by a third-party vendor and a former Comcast employee were engaged in identity theft and theft of Comcast services. These individuals may have used your information, including your name and/or social security number, for these unauthorized purposes.”

The letter goes on to say the company is offering a complimentary identity protection plan for a year.

But identity protection may not help much if Comcast can’t secure its customers private, personal information.

Out in San Francisco, Comcast spokesman Bryan Byrd told Drummond a Comcast employee had opened the fraudulent account and that “he has been dealt with.”

Comcast has closed the account, erased the bill and removed the mess from her credit report. Because Drummond was a victim, anyone (including her) will now need to show ID and proof of residence before opening a Comcast account — provisions that would likely protect every Comcast customer from identity theft if broadly enforced.

“It makes you wonder how protected one’s personal data is,” Drummond complained. “How many others did this rogue employee target?”

Comcast says these are all isolated incidents and not a pattern to a wider problem. But apologies are not forthcoming to Mr. McClure or Spencer.

Alex Horwitz, a Comcast spokesperson in Tennessee released the following statement:

“We take this matter very seriously and, out of an abundance of caution, we have contacted a small number of people whose information may have been used to create unauthorized accounts and are providing them with credit monitoring services. We have no evidence that this was an online system breach or that any additional personal information was obtained or used for any other purpose. We are continuing to cooperate with law enforcement and are conducting our own internal investigation. The individuals involved in this are no longer working on our behalf, and we have reinforced our privacy and security policies with employees and third-party vendors.”

Comcast won’t comment on how many cases of identity theft it deals with annually.

[flv]http://www.phillipdampier.com/video/WKRN Nashville Man gets 1-3K in Comcast bills 10-15-14.mp4[/flv]

Several mid-Tennessee Comcast customers have been victims of identity theft, discovering unpaid Comcast bills run up in their names for service several states away. WKRN in Nashville shares the story of Ricky McClure, who faced $1,300 in Comcast charges sent to collections he didn’t owe. (2:41)

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.

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