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Telecom Carriers Use Deceptive Advertising

theodp writes "Regulatory Programs Fee. It sure sounds like a government tax. It isn't. The latest addition to T-Mobile's monthly bill is merely the latest example of telephone companies passing their own cost of doing business to customers with an array of surcharges that one might easily mistake for taxes being collected on behalf of the government. With millions of subscribers at each company, these less-than-forthright fees add billions of dollars per year in extra revenue without raising advertised rates."

14 of 285 comments (clear)

  1. Deceptive, not illegal by CptChipJew · · Score: 5, Interesting

    Although these tactics could be seen as immoral and lame, it doesn't look like they're actually breaking any laws. From the article, "Actually, T-Mobile's monthly charge of 86 cents is among the more clearly labeled.". As well, "though thankfully there's at least a footnote below owning up to the fees as Nextel's doing."

    Like EULAs, they are taking advantage of the fact that nobody reads them.

    --
    Vonal Declosion
    1. Re:Deceptive, not illegal by LostCluster · · Score: 5, Interesting

      For the record, the FCC's FAQ on the issue states very clearly that the USF is an obligation of the telecom carrier that they're allowed to shift onto their consumers, but they clearly don't have to.

      So, basically, this is just a way for them to itemize it like it's a tax, when really its a tax on the telecom company rather than one on the consumer at the point of sale.

      Just like the IDT ads claim, the big guys even try to pass their own property taxes off to the consumers by a fee.

    2. Re:Deceptive, not illegal by CptChipJew · · Score: 4, Interesting

      Of course, such is big business. When you buy a car, you pay a "transportation fee" for getting the car from the factory to the dealership.

      When I was a kid I lived near one of Toyota's factories, and the same transportation fees applied at the nearby dealership than at the one near me here in Los Angeles.

      I would hope that eventually the cell industry will become saturated with companies someday to the point of "No hidden fees!" advertising.

      --
      Vonal Declosion
    3. Re:Deceptive, not illegal by nolife · · Score: 4, Interesting

      I know saying the FCC allows this makes it all sound good but think about that concept big picture. What gives the FCC the right and or power to allow my cellular phone provider to modify the terms of my contract I have with that cellular provider? You can tell this story 100 different ways but bottom line, that is exactly what is happening here. I am paying MORE per month then my original contract states and it is not because of a federal or local tax, that money goes directly to the carrier with little to no oversight on what they can charge and for how long. The cost of doing business is exactly that. A contract is exactly that. The cellular providers WANT long contracts to tie you into the service but also want the ability to raise rates after that contract is signed but masking it as an add on "fee" to cover costs. Here is an idea for them. If they want the ability to adjust the fees based on the cost of doing business, then do not have such long contracts. What if my county raises the taxes they want for each cellular phone, can I deduct that exact amount I pay my cell carrier every month as a "cost of owning a cell phone"? If the government raises the minimum wage and now all CSR's at the cellular company make 25 cents more an hour, would they be allowed to add a few bucks to you bill as a federal minimum wage increase fee? Hell no.

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      Bad boys rape our young girls but Violet gives willingly.
    4. Re:Deceptive, not illegal by miu · · Score: 4, Interesting
      I think that a close to ideal tax structure (at least for businesses) would be a sales tax - that way everyone would be up front about what the government gets.

      Sales tax only works if you have an exemption on food (probably qualified as just those things that can be purchased with food stamps) and a higher rate on luxury consumables. The reality is that every US state (48 of em) that has instituted a sales tax has started out with a 2.0% rate that can never ever ever be raised and an exemption on basic necessities.

      In the majority of cases the rate is 5%+ within 10 years and the exemptions for basic necessities are gone. So sales tax winds up as an unreasonable burden on the poor and middle class.

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      [Set Cain on fire and steal his lute.]
    5. Re:Deceptive, not illegal by Jason1729 · · Score: 4, Interesting

      The "transportation fee" only applies if you're stupid enough to pay it. It's one of the easiest to get waived. The other is "administrative fee" which is basically their advertising budge. Getting those waived is as simple as saying you're not paying them and getting up to leave.

  2. How the hell is this news? by 00420 · · Score: 4, Interesting

    Telephone companies have been doing this for many years.

    One of the companies I worked for even listed the surcharges at the end of the taxes so that when people called the first five or so things they asked about would get an answer of "that's a tax, there's nothing we can do about it," that way they usually stopped asking before getting to the surcharges.

    Most companies won't even list them though, they just put "Other taxes and surcharges... $X" on the bill.

  3. Re:Five cents turns into 16.37 cents? by Marillion · · Score: 5, Interesting
    I've heard people call it "Stealth Inflation." Real Prices have been rising for a while, but Advertised Prices haven't.

    Another example is airline's fuel surcharge.

    --
    This is a boring sig
  4. Not with AT&T by Anonymous Coward · · Score: 4, Interesting

    I just signed up with AT&T wireless not a week ago. They were very clear and up front about the fact that it is not a tax, but it is used to cover the expenses of follosing the various regulations. I signed up anyway, knowing full well what they were doing.

    They call it a "Regulatory Programs Fee", like Verizon does.

    Maybe some other carriers have problems with this - and maybe AT&T has their own problems, I haven't been signed up long enough to know - but I can't at all fault them for this.

    In all fairness, the article did not single them
    out.

    --Russell (not logged in because it's Sat. Night and I'm a lazy f*ck)

  5. Some of these percentages are pretty high too! by acadiel · · Score: 5, Interesting

    Looking at my last Nextel bill: Wife's phone plan charge was $17.59. "Taxes" were $6.66 to bring the total to $24.25. That's 37% in taxes. The * ones ("Fees Nextel elects to collect to recover its costs of funding and complying with Gov't mandates and initiatives") were $3.11, or a grand total of almost 18% of my wife's bill.

    To break it down, the Federal TRS charge was only 0.073% (0.01). The Univ Serv Assessment was 1.25% (0.27). The Cost program recovery fee was a flat $2.83.

    My account plan rate was $47.54. Taxes were $10.98 to bring the total to $58.52. That's 23% in taxes. The * ones were: TRS Charge: 0.073% (0.04), Univ Serv Assessment 1.25% (0.65) and Cost recovery fee ($2.83). Result? $3.52 in these charges, or only 7% of my bill.


    What makes me sick is this:

    I was paying $65.13 a month to Nextel plus a total of $17.64 in taxes and fees. (A 27% tax rate!!!!).

    Take my last Cingular bill (I just switched). My monthly service charges were $47.97. The fees on the account were $6.52 on the line with a $38.98 charge, and $2.71 on the line with the $8.99 charge. That's only 19%! Cingular charged me 17% on one line and 30% on the other (well, the second one is skewed since it only has a $8.99 plan.)

    Cingular charged me only $1.07 for the Federal USF, and 0.60 for the "Cost Recovery Fee". The rest was a Federal/State and 911 tax. On the other phone, they charged me .25 for the USF and 0.60 for the Regulatory cost fee.

    I find it real sneaky how these providers are doing this.....

  6. Good rant, even better cause by l0ungeb0y · · Score: 4, Interesting

    There is nothing wrong with what T-Mobile is doing.
    And that's entirely what's wrong with the picture.

    And while this may indeed be Yet Another Reason to Bitch to Government with some requests for some regulation, keep in mind there WILL always be loopholes for accountants (just as crafty as lawyers, just not as loathed (ever seen an accountant on CNN defending high profile clients?), so all it would amount to is a finger in the dyke.

    What you need here is full disclosure... and correct me if I'm wrong, is already mandated THAT IF YOU ASK THEY MUST GIVE. So next time ask the sales rep to outline all the surcharges and taxes BEFORE signing up for service and do the obligatory second opinion from a competing carrier. But chances are they will be roughly the same.

  7. Can you spot the real taxes? by profet · · Score: 4, Interesting

    Federal Excise Tax: $1.29
    Federal Universal Service Fund: $0.56
    State Gross Receipts Tax: $0.15
    State Sales Tax: $1.76
    State Telecom Excise: $1.00
    County Surcharge: $0.05
    County Telecom Excise: $0.79
    MCTD Surcharge: $0.24
    Local Sales Tax: $1.81
    State 911: $1.20
    County 911: $0.30
    Regulatory Programs Fee: $0.86

  8. The courts.... by InnovativeCX · · Score: 4, Interesting

    Several others have posted comments regarding the legality of such fees and the deception surrounding them. Not a lawyer, and I don't understand exactly where the line is drawn, but I can tell you that a lawsuit would hold up. Case in point: Verizon.

    I'll be the first to come out against the obesity lawsuits against McDonalds -- Frivolous court-clogging litigation ranks quite highly on my list of pet peeves. By that token, suing your wireless carrier to recoup $2.93 per month to the tune of legal fees, court costs, and simply the time involved would be quite outrageous. However, were I to take up such a matter, it would be not for the money involved, but for the principle. I've no problem with a corporation recovering extra costs due to the imposition of federal fees and standards from consumers assuming such fees are small and reasonable. I do not appreciate being lied to or otherwise misled -- it is one thing to pass costs back onto the customer, but quite another to masquerade a cost as a state or federal mandatory tax.

    In any case, Verizon made this mistake. I never had much of a problem with receiving a $40.21 bill for my $36 plan sans overage -- I've more or less accepted that I'm going to get screwed over no matter what. Apparently a few were a little more upset than I; in November, I received notification that I was part of a class-action lawsuit of fellow customers against Verizon and its affiliates dating back to 1993. Due to their engagement in such practices, the company has been ordered to pay these customers something like $20, offer free text messaging, or free wireless web for a period of time. Nothing required to claim it either...apparently it is all automatic.

    So, as silly of an idea as a lawsuit may seem, litigation seems to be a viable option, assuming you have an incredible amount of free time on your hands and are bothered by such deceptive practices enough to take the issue upon yourself.

    Of course, knowing T-Mobile, I'd be more likely to go after them for their lack of coverage or decent service than slight-overbilling ;-).

    -Scott

  9. Re:Five cents turns into 16.37 cents? by /dev/trash · · Score: 4, Interesting

    Hell. When gas prices surged 3 years ago, I was assessed a 'temp' surcharge on my GARBAGE bill. Gas prices leveled off but the surcharge has been going up ever since.