Piracy on the Cyberseas Dianne E. Dusman Senior Assistant Consumer Advocate Pennsylvania Office of Consumer Advocate 555 Walnut Street, Fifth Floor, Forum.

Piracy on the Piracy on the CyberseasCyberseas

Dianne E. DusmanDianne E. DusmanSenior Assistant Consumer AdvocateSenior Assistant Consumer Advocate

Pennsylvania Office of Consumer Pennsylvania Office of Consumer AdvocateAdvocate

555 Walnut Street, Fifth Floor, 555 Walnut Street, Fifth Floor, Forum PlaceForum Place

Harrisburg PA 17101-1923Harrisburg PA 17101-1923

000142639.doc000142639.doc

November 16, 2006November 16, 2006

HOW DOES CRAMMING HOW DOES CRAMMING HAPPEN?HAPPEN?

““iffy” websitesiffy” websites

inadequate disclosuresinadequate disclosures

small printsmall print

e-mails from scammerse-mails from scammers

unscrupulous unscrupulous telemarketerstelemarketers

I ACCEPT

I ACCEPTYou accept that you will be charged and you will pay $2.99 per

minute, along with a $1.99 charge for the actual long distance connection on your local phone bill by Telliss Billing.

You accept that you will be charged and you will pay $2.99 per minute, along with a $1.99 charge for the actual long distance connection on your local phone bill by Telliss Billing.

You will incur charges by accessing this pay-per-view internet service from the international long distance charge of $2.99 per minute, with a $1.99 connect fee. This amount will be billed by Telliss Billing on your local phone bill.

You will incur charges by accessing this pay-per-view internet service from the international long distance charge of $2.99 per minute, with a $1.99 connect fee. This amount will be billed by Telliss Billing on your local phone bill.

These charges are accurate for the connection. NO SLAMMING or CRAMMING for these telephone charges have occurred.

These charges are accurate for the connection. NO SLAMMING or CRAMMING for these telephone charges have occurred.

Pennsylvania Regulations,Pennsylvania Regulations,52 Pa. Code 64.23:52 Pa. Code 64.23:

Unauthorized charges must be Unauthorized charges must be removed from the customer’s bill removed from the customer’s bill

upon request.upon request.

One contact to the Local One contact to the Local Exchange Carrier should Exchange Carrier should

resolve the cramming resolve the cramming dispute!dispute!

Negotiated Settlements Negotiated Settlements between PaOCA, Verizon between PaOCA, Verizon

& Aggregators led to & Aggregators led to

Approximately $702,500 in Approximately $702,500 in refunds and credits to PA refunds and credits to PA

customers alone.customers alone.

How does it happen?How does it happen?• Is there sufficient vigilance on the part Is there sufficient vigilance on the part

of local exchange carriers and of local exchange carriers and aggregators?aggregators?

• Are carriers and aggregators Are carriers and aggregators respecting the FCC anti-cramming best respecting the FCC anti-cramming best practice guidelines? practice guidelines? [http://www.fcc.gov/Bureaus/Common_Carrier/Other/cramming.html][http://www.fcc.gov/Bureaus/Common_Carrier/Other/cramming.html]

• Initial screening, complaint thresholds, Initial screening, complaint thresholds, fees for unauthorized charge disputes?fees for unauthorized charge disputes?

• Disclosure of crams to enforcement Disclosure of crams to enforcement agencies?agencies?

Possible Innovations?Possible Innovations?Early Warning Systems?Early Warning Systems?

•Aberrant charge kick-outs, Aberrant charge kick-outs, OROR

•Calls by Customer Service Calls by Customer Service Reps to consumers to confirm Reps to consumers to confirm purchases if new charges purchases if new charges appearappear

2010-11 PA complaints allege cramming 2010-11 PA complaints allege cramming byby

Rask Network/Transition Clearing;Rask Network/Transition Clearing;

International Satellite Comm.; International Satellite Comm.; Rocket Comm.; USBI, OAN, ILD Rocket Comm.; USBI, OAN, ILD Teleservices, Pamentone; Fetch Teleservices, Pamentone; Fetch

Unlimited;Unlimited;

Payment One/Pathway Profits;Payment One/Pathway Profits;

ESBI, Comlink Direct, Voice ESBI, Comlink Direct, Voice Express, AOS, Select Options, PBI, Express, AOS, Select Options, PBI,

adigitalvillage.com, USA adigitalvillage.com, USA Voicemail, Streaming Flix, Voicemail, Streaming Flix,

Meteline Tech…Meteline Tech…

among othersamong others

Factors in 2010 - 2011 PA Factors in 2010 - 2011 PA complaintscomplaints

• Charges: $6.31 to $16.95 per monthCharges: $6.31 to $16.95 per month

• Appeared on up to six months’ billsAppeared on up to six months’ bills

• Often involved 2 to 3 companiesOften involved 2 to 3 companies

(other than LEC)(other than LEC)

• Appeared to involve Internet use or Appeared to involve Internet use or telemarketingtelemarketing

Multiple Potential Multiple Potential Approaches to Eliminating Approaches to Eliminating CrammingCramming• Prevention by carriers/aggregators using Prevention by carriers/aggregators using

best anti-cramming practices and best anti-cramming practices and innovative technologyinnovative technology

• Consumer education by carriers, govt. Consumer education by carriers, govt. agencies, consumer groupsagencies, consumer groups

• Enforcement /Injunctions against initiators Enforcement /Injunctions against initiators and non-compliance carriersand non-compliance carriers– State, federal, administrative agencies all State, federal, administrative agencies all

play a role.play a role.

Thanks for your kind Thanks for your kind attention!attention!