Are you a victim of SMS billing scams?
p2pnet news view Freedom | P2P:- Have you been over-charged for SMS premium services you didn’t ask for and have unsuccessfully tried to opt out of?
Are you receiving premium text messages when you haven’t given your number out?
Have you never been clearly informed of the SMS premium subscription?
Have you complained to your cell carrier?
Have you been threatened by your cell carrier that unless you pay up, your service will be cancelled? Do you live in Canada?
If you answer Yes to any or all of these questions, the Quebec Union des Consommateurs consumers’ group wants to hear from you.
VALUE ADDED (but for whom?):
The Consumers’ Union has filed a petition with the Canadian Radio-television and Telecommunications Commission (CRTC) requesting policy adaptation and practices on certain “value added” texting cellular for which companies charge, to the benefit of other companies.
But, “If someone speaks about value added, this is certainly is not from the point of view of consumer,” said Anthony Hémond, telecommunications analyst for the Consumers’ Union.
“Poisoned texting”, as it’s called, is often a trap for young users as companies [flood] them with contests, games, horoscopes, or downloading ringtones.
If you bite, you’ll be sent several text messages a week, billed two or three dollars each.
By the time users, or their parents, have cottoned on, bills can have reached hundreds of dollars.
But the cellular companies refuse to cancel such charges if the customer contests.
Says the CRTC document filed by the Union des Consommateurs,
Subject: Part VII Application requesting that the CRTC will issue a directive against wireless service providers including Aliant, Bell, Fido, MTS All Stream NorthernTel Mobility, Rogers, Sasktel, Telebec Mobility, Telus, Virgin Mobile, Koodo,
Solo, Videotron, to adopt a policy against their subscribers respective messaging services text number dialing.
Here’s a press release from the Quebec Consumers Union and their application to the CRTC to help regulate the problem on behalf of all consumers across Canada.
SMS- Premium Text Messaging Services
Union des consommateur, a consumers` group devoted to defending consumers` rights, has submitted an application to the Canadian Radio and Telecommunication Commission (CRTC) in regards to the charges claimed by the cell phone companies to their clients for text messages sent by commercial third parties.
Also invoiced as Premium services, those text messages are sent by third parties to the customers` cell phone for a fee of about 2$ per message. Union des consommateurs reports that there are several groups of consumers affected by this issue: those who never entered their phone number online in order to participate in a contest or obtain a free ringtone and receive unsolicited messages and those who have entered their phone number without being clearly informed of the subscription they were contracting, or are unable to put an end to the messages that are being sent and charged.
Union des consommateurs is asking the CRTC to implement for the premium services rules similar to those applied for 900 services : cell phone providers should not be permitted to insist on claiming the payment of a service offered by a third party that their client did not accept to be billed for. Consumers facing this kind of problem with text messages are called upon to contact Anthony Hemond, Telecommunications analyst for Union des consommateurs, at hemond @ consommateur.qc.ca
(Emphasis mine)
References:
Press Release January 26th 2009:
French: http://www.consommateur.qc.ca/union-des-consommateurs/?p=302
Googlefied English:
http://translate.google.ca/translate?u=http%3A%2F%2Fwww.consommateur.qc.ca%2Funion-des-consommateurs%2F%3Fp%3D302&sl=fr&tl=en&hl=en&ie=UTF-8
Union des Consommateurs` web site:
French: http://www.consommateur.qc.ca/union-des-consommateurs/?page_id=292
Googlefied English:
http://translate.google.ca/translate?u=http%3A%2F%2Fwww.consommateur.qc.ca%2Funion-des-consommateurs%2F%3Fpage_id%3D292&sl=fr&tl=en&hl=en&ie=UTF-8
CRTC Application Request :
French: http://consommateur.qc.ca/union-des-consommateurs/docu/telecom/090121-UC-CRTC-PartVII-SMS.pdf
Googlefied English:
http://translate.google.ca/translate?u=http%3A%2F%2Fconsommateur.qc.ca%2Funion-des-consommateurs%2Fdocu%2Ftelecom%2F090121-UC-CRTC-PartVII-SMS.pdf&sl=fr&tl=en&hl=en&ie=UTF-8
The Quebec Consumers Union press releases is asking you to do the following when filing a complaint with them, if you’re in this situation (or are trying to opt out):
When you send a ‘STOP text message to opt out, CC yourself as proof. If you’re trying to opt out via a web page, take screen shots or record it
The run-around:
The Consumers’ Union has … received complaints from consumers who have found it has been very difficult to unsubscribe, or who had to wait several days before the small roundabout continues eventually.
If a company does not unsubscribe you despite your claims, dispute the charges with your carrier and complain to the CWTA and other organizations that we list further down this page.
(Note: the CWTA are the ones who regulate this business: http://www.cwta.ca/)
It should be noted that some carriers are responding, you have no choice but to pay. You are responsible. Pay or we will cut the service! Also, if you refuse to pay, the company can register a black mark on your credit file.
However, the Consumers’ Union believes in many cases, the consumer has the right to dispute charges. The problem is that it will not be easy to enforce these rights, especially if the cell company has the “big end of the stick,” the threat of cutting service.
If, despite your insistence, your cellular company refuses your dispute, ask it to provide full details of the company that claims costs. If you do not get these details by writing, go directly to the http://www.cwta.ca/CWTASite/english/contact.html and file a formal complaint.
If you pay, do so by check and write on the check “under protest”, which means that even if you agreed to pay, you do not assume/agree that this debt was due. A download, from our “toolbox” below, is a sample letter to send with your payment. http://www.consommateur.qc.ca/union-des-consommateurs/?page_id=292 (or use the Google translated one)
The next recourse you have is with either or both of: the Commissioner for Complaints for Telecommunications Services (CCTS) http://www.ccts-cprst.ca/ or small claims court (a guide to follow in on the above Consumers Union webpage).
Finally, so that we can continue to better inform consumers, we invite you to briefly describe your case in writing, by sending an Email of your case to Mr. Anthony Hémond, telecommunications analyst for the Consumers’ Union, hemond @ consommateur.qc.ca
The Consumers Union has now filed to stop this run-around in the interest of all Canadian consumers.
RIGHT ON!
But, will the CRTC listen?
Additional information:
Canada’s mobile phone operators have come together with the Canadian Wireless Telecommunications Association (CWTA) to offer common short codes.
Listed is a Code of Conduct from the CWTA that states: http://www.txt.ca/code_conduct.htm
The following items are to be complied with by, or are the obligations of, the Program Aggregator:
1. The Program Aggregator must ensure that End Users opt-in or volunteer to participate in a Program. Unsolicited text messages shall not be sent to End Users.
2. The Program Aggregator must provide an opt-out process. It is preferred that this process include the ability for an end user to simply send the message STOP to the short code in order to opt-out of the program.
6. The Program Aggregator must ensure that End Users are informed of the price of sending a text message to the short code, every time the short code is promoted to the public.
In the event that the Program Aggregator does not comply with this Code of Conduct, the Administrator may revoke the short code.
Hmmm, it doesn’t sound like this is happening.
And once again we find there’s no clause when it comes to consumer protection.
Nothing at all. It’s the consumer’s problem and it’s up to h9m or her to complain, if anyone listens.
French References:
1. http://www.consommateur.qc.ca/union-des-consommateurs/?p=302
2. http://www.consommateur.qc.ca/union-des-consommateurs/?page_id=292
3. http://consommateur.qc.ca/union-des-consommateurs/docu/telecom/090121-UC-CRTC-PartVII-SMS.pdf
English References (by way of google):
Additional information:
Code of conduct for the 3rd party aggregators found via the CWTA: http://www.txt.ca/code_conduct.htm
Ottawa Gal - p2pnet
March 5th, 2009 at 6:02 pm
Jon, have you noticed anything with the telecom industry over the past few years?
It almost seems as if you need a new section just on CDN Telecom Injustice.
Hmmm…. Spin off site?
March 9th, 2009 at 12:55 pm
the full record of the proceeding is on the crtc’s website
http://www.crtc.gc.ca/PartVII/eng/2009/8620/u11_200901951.htm
March 29th, 2009 at 3:40 am
Hi,
SMS.tv is another company you should avoid. The guyâs name is Jorg Lamber from Germany and he has several different company names under which he operates. (GeiÃenbrünnchen 32, 66539 Neunkirchen, Germany, +49 6821 1799264) Other names he operates under are Marketing Lambers, Saarpromotion Lamber GmbH â Emails: info@sms.tv, joerg.lambers@sms.tv, support@sms.tv
Here is his MO:
He does 2 things:
1) He uses free email accounts like the one in this URL to promote his fraudulent service: http://www.klenn.de/news//OnlineMail700.html
2) He let you test on a high quality route and when you buy, he degrades the route to low quality or a route where you get false message idâs. When you ask for tech support or confront him about it he close your account and block you on email, MSN, ICQ etc. and when you phone there is just an automated recording that plays.
3) His second trick is not considered fraud by the banks â what he does is give the bank account number of one account at one branch and an IBAN of another account at another branch on his invoices. He requires payment upfront which is not unusual in the SMS industry. The banks use IBAN for international transfers â when you try to stop funds and phone his bank, they do not ask for the IBAN but the bank account number and put a stop funds instruction on that account. In the mean time, the funds goes into the account linked to the IBAN number and when the banks phone him when funds are recalled, he refuse to refund. He also closes your SMS test account the moment he realize that you sent the money. So you sit without money and without the service. Once again he blocks you and cuts of all communication.
So please learn from our mistakes and avoid dealing with SMS.tv as they are the biggest fraudulent scam in the SMS industry. They have been reported to all authorities for prosecution but he bought a hotel in Thailand with the stolen money and most likely run the scam from there.