Consumer Rights - Reconnection/Repayment Options

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• • Reconnection/Repayment options
• • Deposits
• • Disconnection
• • Slamming/Cramming
• • Telemarketing
• • Privacy protection
• • Filing a dispute

CONSUMER RIGHTS - RECONNECTION/REPAYMENT OPTIONS
On July 1, 2003 new Washington phone service rules went into effect. Some of these rules help people who have been disconnected or who owe money for old phone bills, to establish basic phone service. These rules are called the Washington Administrative Codes (WAC).

Mandatory six-month repayment terms—WAC 480-120-173(1)(b) requires that phone companies grant all customers a six-month repayment arrangement once every five years on a phone customers prior unpaid phone service charges. The company must restore service upon payment of the first installment. The phone corporations are not required to tell customers about this one-time right to a repayment plan, so be prepared to ask for it.

Washington Telephone Assistance Program (WTAP) and Enhanced Tribal Lifeline and Link-up program participants only —WAC 480-120-174(2). This rule requires phone companies to grant manageable monthly repayment terms on old unpaid phone charges in order for customers to reestablish basic phone service. The repayment rate is based on one and one-half (1 1/2) times the rate WTAP participants have to pay for phone service before taxes and fees. The current phone rate is $8.00, thus the current repayment amount is $12.00 a month. To reestablish service customers must enroll in one of the reduced-rate programs, agree to pay off their old phone bills and keep current on their new phone bill. Failure to keep current on either the old or new charges will lead to disconnection. Also, if a customer was disconnected while on WTAP or Tribal Lifeline/Linkup, they cannot use the provisions of this rule and must use WAC 480-120-173.

CONSUMER RIGHTS - DEPOSITS
The Washington Utilities and Transportation Commission has established rules governing the payment of deposits for phone service (WAC 480-120-128). If you do not qualify for low-income phone assistance, you may be asked to pay a deposit in order to start phone service. Phone corporations can ask for a deposit for local service if:

• • The customer had two or more delinquency notices in the last 12 months.
• • The customer has previously had basic phone service disconnected due to non-payment or for acquiring service by deceptive means.
• • The customer owes the phone corporation money.

Amount of Deposits
You can be asked to pay a deposit of up to two times your estimated monthly bill amount. This includes local and long distance bills.

Alternatives to Deposits
If you are required to make a deposit, but cannot afford to pay the deposit, phone companies must allow you to avoid the deposit in two situations.

• • You may avoid a deposit if someone with a good credit record agrees to be legally responsible if you do not pay your bill. This person is called a guarantor. (WAC 480-120-124)
• • The second way to avoid a deposit requirement is to agree to have a toll-restricted line until you have built up a good credit record. A toll-restricted line means that you cannot make traditional long distance calls (dialing 1 before the number), but you can still make long distance calls using a pre-paid calling card or dial-around service.

* Ask your telephone company if they offer the same or similar options *

Payment of Deposit
Often, half of the deposit is due when your phone service is connected and the other half is due in two equal monthly installments.

Return of the Deposit
If you pay your bill on time for 12 months, the phone company must either return your deposit with interest or apply the deposit to your future bills. You can have up to two “past-due” notices within the 12-month period and still get your deposit returned. You will also get your deposit returned, with interest, if you stop your phone service. Any amounts due to the company will first be deducted from your deposit.

CONSUMER RIGHTS - DISCONNECTION
The Washington Utilities and Transportation Commission has established rules regarding disconnection of phone customers (WAC 480-120-172).

Overdue or Unpaid Telephone Bills
In general, the telephone company has the right to deny service because of overdue or unpaid phone bills owed that particular company for similar service (for example, Qwest can deny your request for phone service if you have unpaid or overdue Qwest bills for service at the same home or another residence).

A phone bill is considered “past due” after 15 days from the date the bill was sent (WAC 480-120-161). A customer has the right to have the phone company make phone bills due on the customer’s payday. The phone bill is required to tell the customer what charges have to be paid in order to prevent disconnection.

Examples of When the Phone Company CAN Disconnect a Customer

• • If the phone bills haven’t been paid
• • If the deposit or other valid charges aren’t paid
• • If the customer started service with false information (for example, using a false name)

Examples of When the Phone Company CANNOT Disconnect a Customer

• • Billing dispute: If a customer has a billing dispute with the phone company and is working with the phone company or the Washington Utilities and Transportation Commission to resolve the dispute, the customer cannot be disconnected as long as the customer continues to pay the non-disputed portions of the phone bill.


• • Unpaid long distance charges: The local phone company cannot disconnect phone service if a customer has not paid the long distance charges. The local phone company can limit service to local calls and the customer is still responsible for the long distance charges.


• • Unpaid 900 charges: The customer may still be responsible for these charges, but the local phone company cannot disconnect for nonpayment of 1-900 charges.


• • Unpaid Bill of Prior Tenant: Phone service cannot be disconnected or denied because of unpaid bills of a tenant who lived at your address in the past, unless there is intent to defraud the phone company.


• • Medical Emergency: If there is a medical emergency, a customer can stop a disconnection. If the phone has already been disconnected, it can get reconnected without a charge or deposit. The customer must call or write the phone company and tell them there is a medical emergency. The customer will be able to keep local phone service for 5 business days. During this time the company will ask the customer to send written certification from a doctor, nurse practitioner or physician’s assistant that the loss of phone service will endanger the physical health of a person in the household. The phone company may then ask the customer to agree to a payment plan. If the customer fails to keep up with the payment plan, then the company can disconnect service.

Timing of the Disconnection
Phone companies cannot disconnect on weekends, legal holidays or times when the company cannot reestablish service the same day or following day, unless there is danger to life or property. Does the Phone Company Have to Notify the Customer Before Disconnecting? Yes, unless:

• • There is a danger to life or property
• • The phone service was obtained fraudulently
• • There has been illegal activity
• • There is something harming the company’s service

The phone company must send the customer a written notice that spells out what is owed. The notice must also tell the customer what steps to take to avoid a disconnection. This notice must be either mailed or hand-delivered to the customer.

The company must attempt at least two times to contact the customer during regular business hours. If the company is unable to reach the customer on the first attempt, the company must attempt to contact the customer using any business or message number provided by the customer as a contact number.

Reconnection Charges
A phone company can charge to reconnect a customer’s phone service. The amount of this charge is different for the different phone companies. See the section on Reconnection/Repayment options for more information.

CONSUMER RIGHTS - PROTECTIONS FROM BAD BUSINESS PRACTICES

Slamming – Switching Service Without the Customer’s Permission
“Slamming” is the practice of switching a customer’s service (usually long-distance service) from one company to another, without the customer’s full knowledge and consent. If you have been “slammed,” that is, if your service was switched without your permission, DO NOT pay the charges connected to the company that slammed you (for example, a long-distance company you’ve never heard of). You are NOT required to pay any of these charges.

If you’ve already paid the long distance company that slammed you, that company must pay your authorized company 150% of the charges it collected from you. For example, if you paid the slammer $100, the slammer gives your authorized company $150. Your company keeps $100 for the calls you made, and gives you $50. If you are dealing with a local or in-state long distance company, the slammer sends the refund directly to you, and the authorized company may bill you for what it would have charged you for those calls.

If you’ve been “slammed”:

• • Call your local phone company and explain that you do not intend to pay the disputed charges.
• • Give your local company the name of the company that slammed you.
• • Call the long-distance company you were using and make sure that they re-establish you as one of their customers.
• • Cancel service with the carrier that slammed you.
• • File a complaint with the WUTC on-line against the slammer or call the WUTC Consumer Affairs section toll free at 1-800-562-6150. You can also contact the Federal Communications Commission at 1-888-225-5322

Cramming/Unauthorized Charges
“Cramming” happens when a company puts charges on your phone bill for services you did not order. These false charges are sometimes hard to spot because many local telephone companies act as billing services for other companies. If you find charges on your bill that do not seem familiar to you – maybe for a voice mail service, or for unspecified “monthly fees,” or from a long-distance company you’ve never heard of – you may have been “crammed.”

First, read your bill carefully each month. Bills are complicated! Call your local telephone company if you can’t understand the bill. The company’s number should be right on your bill.

Second, if you’re convinced that a company is charging you for calls you didn’t make or services you didn’t order, call that company and complain. Even when your local company allows another company to place charges on your local bill, the other company’s name and phone number should be listed on your bill.

1-900 or 1-976 Numbers (Pay-Per-Call or Information Services)
Sometimes other people using your phone may call expensive information services (1-900 or 1-976 numbers). These are also sometimes called “Pay-per-call” charges. Examples of these calls include calls to psychic hotlines or adult entertainment. You may be responsible for these charges, even though you did not authorize them, but you cannot be disconnected if you withhold payment for these charges. This is treated as a billing dispute between you and the 1-900 company.

You can have these 1-900 and 1-976 numbers blocked for free.
If you’d like to prevent these calls from being made from your phone, call your local telephone company and request 1-900 blocking. This blocking service is free the first time you request it. You can remove the 1-900 block, but you may be charged if you’d like to have the 1-900 block again.

Bad Service and Customer Guarantees
Some telephone companies now offer guarantees for their service. Typical examples include guarantees that they will keep a scheduled appointment or give you a credit on your bill if they fail to do so or guarantees that they will quickly restore service when service fails or credit your account a set amount. You may be able to find the guarantees in the front of your phone book (for local companies), in the terms of any written contract the company gave you, or by calling the company and asking.

TELEMARKETING - What you need to know to stop telemarketers and telephone solicitors from calling you
(WAC 480-120-254)

You have probably received a large number of calls at your home over the years from people trying to sell you everything from long-distance service to steel siding. Federal law regulates telemarketing calls. First, companies must maintain, “do not call lists.” If you get a call from any company that is selling something you don’t want, you can say: “Please put me on your do not call list.”

You can send in your name to a national association that lists the names of people who do not want to receive solicitation calls. Many companies check these lists before making their calls.

Send your name, complete address and phone number to:

Telephone Preference Service Direct Marketing Association
P.O. Box 9014
Farmingdale, NY 11735-9014
Ask them to put you on the “do not call” list.

You call also put your phone number on The National Do Not Call Registry. Register at https://donotcall.gov/default.aspx

CONSUMER RIGHTS - PRIVACY PROTECTION
Phone corporations collect your private phone service information. The legal term for this information is Consumer Proprietary Network Information (CPNI). The phone corporations have, in effect, a full time monitor on your phone.

They know:

• • Who you call
• • Who calls you
• • What times you do and do not answer the phone

This information could easily be used to determine:

• • The Identities and Whereabouts of Your Friends and Relatives
• • Businesses You Patronize
• • Product and Service Preferences
• • Medical and Mental Health Providers
• • Business Clients
• • Organizational Affiliations and Contacts
• • Political Affiliations and Contacts

The phone corporations want to use this information to market products and services. They also want to share it with other partners, affiliates and agents to try to convince you to purchase their products and services. These are corporations that you may never have had any kind of business relationship with before.

OPT-IN: When talking about phone information privacy “Opt-In” means that a phone company must get a customer’s express permission before it uses or shares a customers private confidential phone service information. The phone corporations oppose opt-in in most cases.

OPT-OUT: means that a phone company can assume you give permission for them to use and share your private phone service information. In the opt-out process the phone company must send its customers an opt-out notice. The notice states that the corporation may use and share the customer’s private phone information unless the customer contacts the company to say no. These notices are mixed in with all the other junk mail phone customers receive, and most often don’t read. The phone companies prefer Opt-Out, because if a customer does not respond, they are free to use and share the customer’s private phone service information.

You can make sure your private phone service information remains private by calling your phone service company and telling the representative you want to Opt-Out. Be sure to Opt-Out if you don’t want your private phone service information shared with other companies. It’s recommended that you keep an eye out for any notices that may be in your phone bill or for any other letters you receive from your phone company. Phone companies have to give you notice on how to Opt-Out before they start using your private information.

Visit the Washington Utilities and Telecommunication Commission’s website for more information about state and federal privacy laws.

Consumer Rights– Where To Get Help
If you can’t resolve your phone problem after calling the company, there are a couple of things you can do. The first thing you should is try is calling the phone company again. Unfortunately some phone companies do not give a consistent level of service. Many times customers that are told one thing when they first call are told another when they call back a second time. If you are talking with an uncooperative phone company employee, end the conversation and then call back again. You may get an employee that is more helpful.

FILING A COMPLAINT

• • If you can’t resolve your problem by calling the company, file a complaint on-line with the WUTC or call the WUTC Consumer Affairs section toll free at 1-800-562-6150.

You can also contact Washington Attorney General Consumer Protection Division at 1-800-551-4636 or the Federal Communications Commission at 1-888-225-5322.

Consumer Rights information compiled from the Citizens’ Utility Alliance