Telephone Billing Rights

Even careful consumers can be victims of telephone-billing fraud and abuse. If you have a problem, it's important to know your rights and immediately take the steps necessary to resolve it.

Slamming

Your Rights

• If you discover you've been slammed before you pay your phone bill
• If you paid the bill before realizing you were slammed, you still have rights
• Steps for Slamming Victims

Your Rights

• If your telephone company is switched to another company without your consent (this could be your long distance company, local toll, or even local service if there is competition in your area), you have the right to be switched back without being charged any switching fees. Changing your service without your permission is called "slamming," and it's against the law.
• If you were slammed on or after November 28, 2000, new rules from the Federal Communications Commission apply. To make the most of your rights, read your phone bill carefully as soon as you get it and act quickly if you discover you've been slammed. You're in the best position if you haven't yet paid the slammer.

If you discover you've been slammed before you pay your phone bill:

• You do not have to pay for any unauthorized service for up to 30 days after being slammed.
• You will have to pay for calls made after the 30th day. But instead of paying the slammer, you will be re-billed by the company you were switched from at the rates that it would have charged for those calls.
• You may be able to argue that the 30 day "no pay" period should be longer in certain situations -- for example, if you get your bill less frequently than once a month, or if the bill didn't clearly show that he company providing the service had changed.

If you paid the bill before realizing you were slammed, you still have rights:

• You are entitled to a partial refund. The company you were switched from will try to collect it for you from the slammer. In most cases, you will receive 50% of what you paid. If you don't think that this is enough to cover the difference between what you would have paid your original company and what you paid the slammer, you can ask for a refund of the actual excess charges.
• If your original company can't collect from the slammer because it is out of business or bankrupt, you can sue directly, but it may be impossible to get your money back.

Steps for Slamming Victims

• Call the company that "slammed" you and say you are disputing the switch. Its number should appear on the same page as the charges on your bill. If you haven't paid the bill, demand that the charges be removed for up to the first 30 days of service.
• Call the company you were switched from to arrange to switch back with no switching fee and re-enroll in any special program or calling plan you had. If you haven't paid the bill and received service from the slammer for more than 30 days, arrange to be rebilled by your original company for any calls from day 31 on. If you have paid the bill, ask your original company to try to recover the refund to which you are entitled.
• Call your local phone company if it provided the billing for the slammer to notify it about the problem and that you are disputing the charges.

Notify the appropriate agency. You can report slamming to your state utility department if it is listed below: (LINK AND PROVIDE ADDRESSES FOR STATES THAT HAVE OPTED-IN UNDER NEW FEDERAL RULES) If your state is not included in this list, send the information by letter or email to:

Federal Communications Commission
Consumer Information Bureau
445 12th Street SW
Washington, DC 20554
slamming@fcc.gov

• If you have resolved your slamming complaint, be sure to mention that when you report the problem to the agency. Your information is still useful for tracking patterns of slamming abuses. If you haven't been able to resolve the complaint, the agency will try to help you.
• Include your name and address, telephone number, email address if you have one, the name of the company that slammed you, the name of the company you were slammed from, a complete explanation of what happened and when, how much you have paid the slammer, if anything, and the solution you want if the problem hasn't been resolved. If you are mailing your complaint, enclose copies, not originals, of any bills you are disputing.
• You should report slamming promptly, even if the slammer or your original company assures you that everything has been resolved.
• For more details about your rights under state and federal law and to report "slamming" problems, contact the federal government agencies and state government agenciesthat oversee telephone companies. Your rights may vary according to the state you live in and other factors. Since more than one agency might be interested in receiving the information about your problem, contact each one.

Cramming

• Generally, consumers aren't liable to pay for services they never authorized. If charges for extra services you never agreed to buy, such as voice mail, personal 800 numbers, paging, etc. are "crammed" onto your phone bill, contact the company listed on the page of your bill where those charges are described. Tell it to cancel the service and demand that the charges be removed. You should also demand a refund for any charges you may have paid before you noticed the problem.
• Let the local phone company that sent you the bill know if you believe you have been crammed. Under voluntary industry guidelines, most local phone companies will remove disputed charges for these services immediately.
• Your basic phone services can't be shut off for failure to pay the charges for the miscellaneous services that you are disputing, as long as you notify the local phone company about the problem immediately. Be sure to pay the rest of your bill on time.
• For more details about your legal rights and to report "cramming" problems, contact contact thefederal government agencies and state government agenciesthat monitor unfair billing practices. Your rights may vary according to the state you live in and other factors. Since more than one agency might be interested in receiving the information about your problem, contact each one.

Pay-per-call problems

• didn't make the call (you may be liable for calls that other people made from your phone);
• were billed the wrong amount;
• need more information about the charge;
• didn't get the services that were promised or they were misrepresented;
• were billed for calling an 800 number without agreeing in advance to be charged;
• already paid or were owed credits that don't appear on the bill;
• moved and the bill wasn't sent to your new address even though you gave the company your new address at least 20 days before the end of the billing period.

• Contact the local phone company that sent you the bill and explain the problem. Deduct the disputed charges and pay the rest of the bill on time.
• If after investigation of your dispute the 900 or 800 number company insists that the charges are legitimate, it may take other action to try to collect the charges. However, your basic telephone services cannot be shut off for refusal to pay for disputed 900 or 800 number pay-per-call services.
• Be aware that the telephone company can block you from calling 900 numbers if it decides that you refused to pay for legitimate charges. You can also ask for blocking if you don't want anyone to be able to dial a 900 number from your phone.
• If the pay-per-call service you are disputing was provided through a foreign phone number, resulting in a charge on your phone bill for an international call, contact your long-distance company as well as your local phone company. Your long distance service can be shut off for failure to pay long distance charges; your local service could also be affected depending on the utility regulations in your state. However, your long distance company may be willing to remove all or part of the charge. The federal pay-per-call rules do not currently cover international calls, but you may have specific rights under state law.
• For more details about your legal rights and to report "pay-per-call" problems, contact the government agenciesand state government agenciesthat monitor unfair billing practices. Your rights may vary according to the state you live in and other factors. Since more than one agency might be interested in receiving the information about your problem, contact each one.

Collect calls, calling card calls and other charges

• If you spot questionable charges on your phone bill for collect calls, calling card calls, or other types of charges, call the number that appears on that part of your bill. Explain the problem and ask how you can dispute the charges.
• Let the telephone company that sent you the bill know if you are disputing the charges.
• For more details about your legal rights and to report telephone bill problems, contact contact the federal government agencies and state government agenciesthat oversee telephone companies. Your rights may vary according to the state you live in and other factors. Since more than one agency might be interested in receiving the information about your problem, contact each one.