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Tag: Texts

  • Verizon, Sprint Pay $158M for ‘Cramming’ Bogus Charges

    Verizon, Sprint Pay $158M for ‘Cramming’ Bogus Charges

    The Federal Communications Commission has announced that Verizon and Sprint will pay a combined $158 million to settle “cramming” investigations, wherein the Commission found that the carriers were cramming unauthorized charges onto customers’ bills.

    The majority of such charges came from so-called “premium text services”.

    “For too long, consumers have been charged on their phone bills for things they did not buy,” said FCC Chairman Tom Wheeler. “We call these fraudulent charges ‘cramming,’ and with today’s agreements we are calling them history for Verizon and Sprint customers.”

    The FCC describes the scheme as such:

    The monthly charge for these third-party premium text messaging services ranged from $0.99 to $14.00, but typically were $9.99 per month. Verizon retained 30% or more of each third-party charge that it billed, while Sprint received approximately 35% of collected revenues for each of its third-party charges. Numerous consumers have complained to the FCC, other government agencies, and the carriers that they never requested or authorized the third-party services for which they were charged. Customers who called to complain were often denied refunds, and yet, when the FCC requested proof that customers had authorized charges, the carriers were unable to prove that these services were ever requested.

    The majority of the settlement will go toward customer refunds, in fact. Verizon’s $90 million chunk is divided as such: $70 million in refunds, $16 million for state governments, and a $4 million fine to the US Treasury. Sprint’s $68 million portion is divided as such: $50 million in refunds, $12 million to states, and a $6 million fine.

    “Consumers rightfully expect their monthly phone bills will reflect only those sevices that they’ve purchased,” said Travis LeBlanc, Chief of the FCC’s Enforcement Bureau. “Today’s settlements put in place strong protections that will prevent consumers from being victimized by these kinds of practices in the future.”

    With this joint settlement, all four major US carriers will have paid for their “cramming”. Last year, both AT&T and T-Mobile settled for $105 million and $90 million, respectively.

    Both Verizon and Sprint said that they rigorously “protect customers” and already have systems to refund premium text message charges in place.

    Image via Thinkstock

  • Buffalo Bills Fans Sue Over Text Alert Snafu, Win Buffalo Bills Gift Cards

    Thousands of Buffalo Bills fans will receive gift cards to purchase official Buffalo Bills merchandise after they received a few too many text alerts from the team’s now-disbanded automatic text service.

    Back in 2012, Bills fan Jerry Wojcik filed a class-action lawsuit against the NFL organization, claiming that he received three-too-many texts from the Bills during a two-week period. The former Bills text alert system promised no more than five text alerts per week, and Wojcik claimed to have received 13 over two weeks.

    At the time, many labeled the lawsuit frivolous, misguided, and a true “what the hell, dude” moment. But now, a year-and-a-half later, the Bills have settled for roughly $3 million.

    The majority of the settlement with go to members of the class, who will receive either $57.50, $65, or $75 gift cards, according to The Buffalo News. Those gift cards can only be redeemed at the official Bills store inside the stadium or online. It may be enough to buy a Stevie Johnson jersey. Probably not.

    The Bills will hand out up to $2.5 million in gift cards to members of the class, which could total as many as 39,750 (that’s how many were signed up to the service). No word on how many fans were “bombarded” with three or so extra texts.

    “The Buffalo Bills have reached a settlement in this matter which we believe is in the best interest of our organization and our fans. The purpose of the Bills’ voluntary, opt-in text messaging program was to provide our fans with information they requested about the team. The organization maintains that our text messaging program was in compliance with the law,” said a Bills spokesperson.

    Wojcik himself will receive $5,000, you know, for being brave enough to sue. The rest of the money (over $500,000) will go to lawyers fees.

    Ah, the American civil justice system at work.

    This is not the only lawsuit the Buffalo Bills find themselves a part of. A new, and possibly more expensive affair involves former cheerleaders suing over paltry pay and degrading practices such as “jiggle tests”. Yikes.

    Image via Wikimedia Commons

  • Fan Sues Pittsburg Penguins Over Texts

    Fan Sues Pittsburg Penguins Over Texts

    An NHL fan is suing the Pittsburg Penguins over what he thinks are excessive text messages sent by the club as part of a promotional campaign.

    Fred Weiss says that he signed up to recieve texts that included special offers on ticket prices, and important developments like trades and breaking news. He says that he began receiving texts in excess of what they said they were going to send when he signed up.

    Weiss complained that the team intentionally broke their own rule about the number of texts they would send. The team set a weekly limit of three texts per week. Weiss says he received five on the first week and four on the second.

    In a complaint, he says the Penguins violated the Telephone and Consumer Protection Act by overstepping the agreed upon number of text messages. He filed it on May 25th with the Central District of California District Court.

    The complaint seeks statutory and punitive damages of an unspecified amount and for the Penguins to stop sending texts to its fans in excess of the agreed limit. He is seeking class action status for the suit, so the Penguins could owe for all the excessive texts they have sent to fans, not just Weiss.

    If the Penguins send texts in excess of what they said under contract, they could very well be liable for the data service the consumers had to pay for those texts. This is just one man’s opinion, but a punitive amount seems frivolous in this case, as no significant harm was done. They only exceeded the text limit by three in Weiss’ case. If he didn’t like receiving that many texts all he has to do is unsubscribe. There are other ways of following the news on your favorite team.

    He obviously isn’t that big of a fan, anyway. He’s trying to cripple the team financially with a frivolous lawsuit.

    [source: Mashable]

    The court record can be viewed here.