Frontier has dealt with PaymentOne for years. This bill shows unauthorized cramming charges billed to a Frontier customer in the fall of 2010.

An Oregon man found himself facing $300 in early termination fees from Frontier Communications after the phone company first refused to intervene on his behalf and credit his account for unauthorized “phone cramming” charges.

Tim Curns was with Frontier since the 1990s, but not anymore.

“I pulled the plug,” Curns told KGW-TV after unsuccessfully trying to get Frontier to help remove an unauthorized charge from his land line phone bill.

Curns found a $14.95 charge on his bill from something called “PaymentOne.” When he called Frontier, they could not tell him what the charge was for and at first refused to credit him for the unauthorized charge. That is surprising because Frontier has been billing customers on behalf of PaymentOne for more than two years.

With Frontier uninterested in investigating the phone cramming incident, Curns was told he would be on his own trying to stop PaymentOne from billing his phone line every month.

Curns tried to tackle the problem himself, first calling PaymentOne and learning the company had enrolled his line for the service despite having the wrong mailing address on file. Frontier, upon learning that, eventually agreed to a one-time courtesy credit but could not promise additional charges would not be forthcoming the following month.

Engraged, Curns said if Frontier could not stop unauthorized charges, he could stop being their customer. At that point, the Frontier representative surprised Curns with news he was unknowingly committed to a two-year service contract, and he could cancel his service… if he paid around $300 in early termination fees.

That would leave PaymentOne with their money, Frontier enriched on an early termination fee the customer never knew he would owe, and little left in Curns’ wallet.

“My question to the phone company was, okay, if you make an adjustment on this bill for 14.95 what are you going to do to stop this from being a recurring charge,” Curns said, “and they said there’s nothing they can do, you have to call these people.”

So Curns called and said PaymentOne told him the name of that company is My Global 4-1-1, which is a front company for a firm called Doink Media LLC, which the Federal Trade Commission been chasing all over the country.

Kyle Kavas, Spokesperson for The Better Business Bureau said, “most of the time it’s just companies that are randomly picking out phone numbers and charging them. Those cramming charges are very dangerous because they come from companies that are usually scammers.”

KGW received this less-than-helpful statement from Frontier:

“Frontier takes customer concerns very seriously and always tries to make things right. Our normal policy on a ‘cramming’ issue, which is an unauthorized charge on a customer’s account, is to assist the customer in contacting the 3rd party company who added the charge. These 3rd party companies get a customer authorization from the customer although in some cases the customer doesn’t realize they’ve authorized the charge. An easy way to avoid these is to have a 3rd party block put on your account by calling Frontier Customer Service.”

Curns called Frontier and learned although the company does not currently charge a fee for third party charge-blocking, it might in the future.

What Frontier doesn’t admit is that it earns a piece of the action from every phone cramming charge found on a customer’s bill.

Curns ultimately decided to pull the plug on Frontier for good, paid a pro-rated early termination fee, and recommended other customers follow in his footsteps before unauthorized third party charges make their way to another phone bill.

For now, customers can call Frontier customer service and request all third party charges be blocked from your phone line. The service is free of charge, although there are no guarantees it will always remain that way. It would also be a good time to review your current account and learn if Frontier has put you on a contract plan with an early termination fee attached. If you did not authorize this, demand it be removed from your account at once. If you did authorize it, have Frontier note your account that you do not want it automatically renewed at the end of the term, a practice Frontier regularly engages in, and note your contract expiration date.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KGW Portland Frontier Cramming 6-26-12.mp4[/flv]

KGW-TV visits with Tim Curns to discuss Frontier’s “look the other way” attitude about phone cramming charges.  (2 minutes)

Time Warner Cable and Comcast are facing class action lawsuits filed in California federal court alleging both cable operators retain Social Security numbers, credit card information and contact information after customers stop doing business with the companies.

The two lawsuits claim Comcast and Time Warner Cable are in violation of the 1984 Cable Communications Policy Act which, among other things, requires cable operators to “destroy personal information when it is no longer needed for the purposes for which it was collected (and there are no pending requests for access).”

According to the plaintiffs, both companies are retaining personal information about their ex-customers indefinitely, and are not sending required annual privacy notices to former customers disclosing this fact.

The CCPA allows individuals to collect $100 for each day the cable company is in violation of the law.

The lawsuit argues that this non-essential information exposes former customers to possible identity theft or illicit action by company employees that could potentially lead to unauthorized charges or account withdrawals.

That fear is not far-fetched. Just two weeks ago, GCI — a cable company in Alaska, found itself contacting at least 400 customers who had their personal financial information stolen by an employee.  Some customers were also contacted by their credit card issuers over incidents of unauthorized credit card charges.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/KTUU Anchorage GCI Warns Customers of Fraud 5-24-12.mp4[/flv]

KTUU in Anchorage reports a GCI employee accessed cable customer account information to commit identity theft and credit card fraud.  (3 minutes)

AT&T has joined Verizon in a groundbreaking decision to stop allowing bogus charges on customer’s phone bills.

Senator Jay Rockefeller (D-W.V.) publicly thanked AT&T for joining with Verizon to stop the fraudulent fees, which a recent Senate investigation found netted at least $10 billion over the last five years.

“AT&T made the right decision to end cramming by August,” Rockefeller said. “While the decisions of AT&T and Verizon are a step in the right direction, I still believe we need to pass a bill that bans this abusive practice once and for all.”

Phone companies have been reluctant to stop third-party billing because it represents lucrative revenue for companies that have watched their landline customers disconnect and disappear.

“According to financial information my staff has reviewed, telephone companies earn a dollar or two every time they place a third-party charge on their customers’ bills,” Rockefeller said. “Do the math. That’s well over a billion dollars in profit over the past decade.”

AT&T suggested the cramming problem was overblown, but relented anyway.

“We currently receive cramming complaints for only about one out of every thousand bills that contain third-party charges,” said Michael Balmoris, an AT&T spokesman, in a statement to MSNBC.  “However, due to continued concern over the possibility of unauthorized charges, we have decided to take this additional step and eliminate third-party billing for most types of services.”

In late March, Verizon notified its billing partners it would cease third-party billing by the end of 2012.

Verizon Communications has agreed to full restitution, as part of a class action settlement, for unauthorized third party charges on their customers’ phone bills.

Known in the industry as “cramming,” extra unauthorized fees pop up on phone bills for voicemail, dating lines, ringtones, or 800 numbers many customers have no idea they even had.  Almost all of the charges come from independent companies unaffiliated with Verizon.  But critics charge phone companies have been ignoring abusive cramming practices, in part because they share a percentage of money billed and collected from customers.

Deceptive cramming charges are often hard to spot on phone bills replete with cleverly-named-to-be-obscure surcharges, taxes and fees.  Many crammers deliberately keep descriptions about the services they are billing as vague as possible, sometimes appearing as “special services charge,” “voicemail access,” or even “monthly charge.”  Many ratepayers assume it is all just a part of the cost of having phone service.

A class action lawsuit against Verizon accused the company of doing little to stop unauthorized third party fees, and many customers afflicted by them report getting them off their bills is not as easy at it should be.

“When I had a mysterious $14.95 monthly fee for ‘voicemail,’ a service I knew I didn’t have, Verizon required me to fight with some Bermuda-based company to get the charges reversed, and they just kept repeating I must have authorized the service because it was on my bill,” reports Stop the Cap! reader Kevin Sessly. “They wear you down until you just pay the bill.”

Sessly eventually won refunds after contacting his state’s public utility regulator.

As part of the settlement, Verizon customers will be entitled to full refunds of all unauthorized third party charges from April 27, 2005 through Feb. 28, 2012.

“Some settlement class members may have a claim for hundreds or thousands of dollars in refunds under the settlement,” class counsel Bryan Kolton said.

Verizon has also agreed to adopt an “opt in” system where customers must first allow third party charges on their phone bills before a company can bill your account.  Currently, customers are subject to third party billing unless they specifically block it with their telephone company.

“It is difficult to overstate the credit that is due Verizon for its commitment to fixing the third-party billing system as it relates to Verizon customers,” said John Jacobs, one of the lead attorneys for the class. “By this settlement, Verizon has committed to extensive and unprecedented changes that we believe will go a long way toward eliminating cramming and will change the industry.”

Crammers have used a variety of tricks to bill phone customers for services they never ordered.  Completing sweepstakes or contest forms with a phone number is one common method, asking for a cell phone number as part of a “free ringtone offer” is another.  Many services also trick customers into signing up with free offers or discounts on other products or services.  Many customers forget to cancel before the trial ends, resulting in recurring charges.

Customers will be able to recover the full amount of the unauthorized charges, if they have copies of their past phone bills, or obtain a quick $40 flat-rate refund by submitting claims at www.verizonthirdpartybillingsettlement.com or calling toll-free 1-877-772-6219.  Both services should be up and running by March 9.

Non-Verizon customers can still take steps to protect themselves from unauthorized charges by calling their provider and requesting a block on all third-party charges.  This service is provided at no charge.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ABC News Phone Cramming How to Get Money From Verizon Settlement 3-5-12.mp4[/flv]

ABC News reports on the Verizon settlement and steps consumers can take to identify cramming and obtain refunds for unauthorized charges.  (2 minutes)

This AT&T customer was billed $12.95 in cramming charges. (Click image for more information)

AT&T and Verizon are among the top recipients of ill-gotten gains from so-called “cramming” incidents — customers who find unauthorized charges on their phone bill placed there by third party companies that maintain a cozy billing relationship with the two phone companies.

Boston-area resident Mike Cunningham paid $567 in phone charges billed “conveniently” to his Verizon Wireless phone bill.  Only he didn’t authorize them.

Cunningham recently sat down and reviewed nearly two years’ worth of dozen-page phone bills scrutinizing them for unauthorized charges.  Speaking to the Boston Globe, Cunningham didn’t initially notice the “enhanced voice mail’’ charges of $14.95 and $13.22 buried on pages five and six.  That’s not surprising, since many Verizon Wireless customers are now billed online and most customers don’t wade through multi-page online billing statements.

After Cunningham added several years of these monthly charges up, totaling $567, that got his attention.

Cunningham was billed by ILD Teleservices Inc., which said Cunningham’s grandson — then 10 years old — ordered its services while on a website that offers free video games. Cunningham said his grandson, who doesn’t have a cellphone, did not intentionally order voice mail — and knew nothing about it.

ILD generates an enormous number of complaints about unauthorized charges placed on consumer phone bills.  The company describes itself as a leading payment processor of online transactions between merchants and consumers, processing more than 120 million billing transactions per year totaling $500 million of third party charges placed on telephone bills.  Although the company claims to put its potential clients through a rigorous screening process, the avalanche of customer complaints, including the fact a 10-year old was able to be victimized by one of ILD’s clients, suggests otherwise.

Even worse, companies like AT&T and Verizon profit handsomely from fees paid by payment processors like ILD to gain the lucrative ability to charge customers’ phone bills for services, ordered or otherwise.  With a profit incentive to protect, consumers are getting the short end of the stick when calling Verizon or AT&T to complain.  More often than not they pass the buck (while keeping the change for themselves) back to the third party billing agency to try and secure refunds.

Only a staggering amount of potential earnings from such billing practices would seem enough to make risking the customer’s relationship with their phone company worthwhile.  After customers spend hours dealing with unruly and hostile customer service representatives working for such billing agencies, there is little chance that customer will be endeared to the phone company that put them through the nightmare in the first place.

Susan from Ambler, Pennsylvania is an excellent example:

“ILD Teleservices placed a charge on my Verizon phone bill for a service that was not requested, authorized or that would even work (ringtones for a land line!) on Feb 22, 2010. When I called Verizon to question the bill, they informed me the charge was not a Verizon charge but from a third party company,” she told Consumer Affairs.

David in Galt, California was billed by ILD on his AT&T phone bill for ordering a service over his home computer, an amazing feat considering he doesn’t have one.

“I received a charge of 14.95 on my AT&T phone bill from ILD Teleservices. They claimed that someone in the household went online and ordered the service. We did not have the capability to do that with no computer at the house,” he writes.

More than 3,000 complaints have been logged against ILD by Consumer Affairs, with customers highly annoyed that their phone companies refuse to stand by them when illegitimate charges show up on their phone bills. John from Wisconsin got no help from AT&T when identify theft allowed someone to add unwanted services to his phone bill under his wife’s name.

It turns out someone signed him up for TotalContactSolutions, a Florida-based company that charges $14.95 a month to alert up to 10 people with text or voice messages “during catastrophic events such as terrorist attacks or natural disasters.”  Perhaps the service will come in handy to contact those 10 friends and family members when you discover the charges on your phone bill and pass out on the floor.

John reports his credit rating is being terrorized by a company that refuses to refund the unauthorized charges unless he can prove, with an e-mail from AT&T no less, that nobody could have signed up for the service from John’s home.  Unfortunately for John, AT&T’s surveillance of its customers doesn’t extend that far, and the company refused to forgive the charges, instead threatening him with collections.

Unfortunately, your tax dollars are hard at work paying for state utility commissions, the Federal Communications Commission, and consumer service agencies to assist consumers who are victimized twice by cramming charges — once by Verizon or AT&T for allowing them on their bills in the first place, and a second time trying to deal with a third party company to reverse them.

A Boston Globe review of more than 200 cramming-related complaints from consumers — filed with the Massachusetts Department of Telecommunications and Cable and the attorney general since 2007 — found that state workers reviewing complaints sometimes spent hours trying to resolve a single one.

The case of Soren Jensen, a retired engineer who lives in Duxbury, is typical. Jensen said he spotted four charges of $9.99 apiece for text messages on his wife and son’s cellphone bills starting in 2008. There was a common thread: Jensen’s wife and son said they had both taken IQ tests online, entering their cellphone numbers to receive the results. He suspected they mistakenly signed up for text messaging in the process.

After reviewing the fine print on his bill and doing some online sleuthing, he found Verizon Wireless had an agreement with Solow, a computer gaming website that contacts players using a text message service that charges $9.99 per message.

Jensen said he called Verizon Wireless to complain, and the company agreed to remove one of the $9.99 charges.

“I just don’t get why Verizon doesn’t want to protect us, as the customer,’’ Jensen said. “Verizon should not allow this kind of stuff. It raises a lot of questions.’’

The answers aren’t difficult to find when you follow the money.  Both AT&T and Verizon collect plenty from fees charged to cramming companies and billing agencies for the right to bill their services directly on your phone bill.  Neither company will disclose exactly how much they profit from such arrangements, but they are clear about who is responsible when mystery fees turn up on your phone bill:  you are.

Both companies told the Boston Globe they “encourage customers to scrutinize their bills to make sure they are not improperly charged for services.”

And they make that very easy by labeling mystery fees with such helpful billing descriptions as “enhanced calling service” or “enhanced voicemail.”  One of Stop the Cap!‘s readers was billed for services described as an “enhanced recovery fee” and another for “customer support and assistance.”

Verizon claims complaints about third-party charges are “infrequent” and says customers can contact the company and block all third-party charges from their bills, something we strongly recommend you consider doing before being victimized.

AT&T won’t go that far.  It told the Globe:

AT&T, which also allows third-party billing, advises customers to direct their complaints to the company assessing the fee. Names of third-party vendors are disclosed on AT&T bills, the company said. “AT&T’s third-party billing contracts require service providers to address cramming complaints appropriately, including issuing credits if customers have been crammed,’’ an AT&T spokeswoman said in an e-mail.

But AT&T is still in the business of scaring its customers.  TotalContactSolutions maintains a required AT&T customer disclaimer on their website, which includes several states where AT&T can disconnect your phone line over billing disputes:

You have the right to dispute the Employee Notification Services charges billed on your local telephone bill. You are not legally responsible for Employee Notification Services charges incurred by minors or vulnerable adults without your consent. Your local telephone service will not be disconnected because you fail to pay a charge by Employee Notification Services, except that nonpayment of certain regulated telecommunications charges may result in disconnection of service in AL, FL, GA, KY, LA, SC, and TN.

And we know what phone company lobbied their way into obtaining the right to cut your service off if you don’t pay, don’t we?

In the end, Cunningham got refunds for the unauthorized fees on his Verizon Wireless bill, after the companies discovered a minor child was involved.

ILD claims to have sent Cunningham $1,000 in coupons as part of a settlement, something Cunningham claims is a lie.  Cunningham is better off without them.  The $1,000 in coupons ILD offered is suspiciously similar to an offer from another ILD client that promises that amount in grocery coupons you can print on your computer… if you sign-up for enhanced voicemail service for $12.95 a month.

Was this the $1,000 in "free coupons" offered to Mike Cunningham? If so, it comes with some very expensive strings attached.

Cunningham is so disgusted with Verizon Wireless for putting him through this ordeal, he wanted to cancel his service and move on.  But Verizon knows how to hold customers captive.  Instead of sending him a refund check for $567, they applied it as a credit that can only be redeemed by remaining a Verizon Wireless customer until the credit is exhausted.

“It’s like salt in the wound,’’ he told the Globe. “I can’t leave. I’m a captive audience.’’

Stop the Cap! notes the Federal Communications Commission is overwhelmed with cramming complaints that number well into the thousands every year.  Since telephone companies refuse to stand up for their customers, it is imperative that the FCC order phone companies to stop allowing all third-party billing unless and until a customer “opts-in” to such billing, in writing.  No third party “opt-in” requests should be permitted, and customers should not have to chase their phone companies to opt-out of a service that has a built-in profit incentive for funny business, fraud, and costly scams that cost customers enormous time and money to resolve.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/CBS News Cramming Charges 2-23-08.flv[/flv]

The CBS Evening News ran this item about cramming charges and the problems they cause customers more than two years ago, interviewing a representative from Verizon Wireless.  Very little has changed as the money, and complaints, keep pouring in.  (3 minutes)