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Texas Attorney General Sues Vonage over 911

bigtallmofo writes "Vonage VoIP customers and readers of many media reports should be aware that Vonage's support for 911 service is less than ideal. Now the Attorney General of the State of Texas is suing Vonage for failing to make clear the limitations of their 911 service. The issue was brought to the AG's attention after a 17-year old Houston girl was unable to reach police after dialing 911 when both of her parents were shot by an intruder."

26 of 599 comments (clear)

  1. Is Vonage the right person to sue? by DeadSea · · Score: 5, Interesting
    I'm not sure that Vonage is the right person to sue here. 911 does need to be able to work from VOIP phones, but my understanding is that the 911 system is not easy to hook up.

    The real number to which your 911 call is forwarded is some sort of state secret. The 911 call centers don't want to be called except for when 911 is dialed to avoid pranks, mistakes, and confusion. If you dial 911 from Vonage they forward your call to the publicly listed police number for your area. If they could figure out what the call center for your area would be, they would foward the call there. But my understanding is the list is not available to them.

    The 911 problems with VOIP are that like cell phones, you can take a VOIP phone with you. It is not tied to a location. Unlike cell phones, you can't pinpoint the location as being near a tower. You are just "on the internet" which is not nearly as helpful. VOIP does not have embedded GPS either.

    Here is a list of things that I think need to happen. Lets sue until the do (I don't care who):

    1. Make 911 call center numbers available to VOIP providers
    2. Embed GPS chips in black box VOIP boxes and configure them to send location information when 911 is dialed
    3. Require VOIP providers to ask customers the expected physical location of their VOIP phone so that 911 will work when there is no GPS data
    4. Require that VOIP providers inform customers that 911 will go to this location if they move their phone
    5. Require VOIP providers to allow users to change this location easily either through their phone, or a web interface
    6. Require VOIP providers to ask the "where is your phone" question again if other customer information like billing address changes

    I'm not sure how well the GPS thing would work indoors. You might have to have the box say "I can't get a GPS signal, I won't work until I have one. Go plug me in near a window until I can see a satelite, then you can put me in the basement."

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    1. Re:Is Vonage the right person to sue? by WebHostingGuy · · Score: 5, Interesting

      I believe the logic behind suing Vonage is this--if you are going to be taking on a utility service to consumers but you (i.e., Vonage) still don't want to be regulated by collecting any taxes on 911 nor a telecommunications entity then you will bear the brunt of appearing to be a utility service, providing a utility service but not regulated nor subject to the laws applying to utility services. Therefore, you will be subject to taking responsibility for all actions coming from the use of your service. There is no doubt in the coming age Vonage and other VOIP providers will come under some modified regulations but until then states are going to have no mercy on them when they are being beaten by VOIP providers at each turn.

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    2. Re:Is Vonage the right person to sue? by Chris_Jefferson · · Score: 3, Interesting

      If you read the article, you'll find Vonage are the right people to sue. They claim to support 911 in their adverts but:

      1) You have to activate it manually and are never told this is the case (s you find out when you try to dial it.. great)
      2) It's in many places only works during office hours(!!)

      One problem is that the 911 service and the VOIP people have to work together more. At the moment the problem is Vonage claim they support 911, when it's badly designed and not automatically active. Thats false advertising and personally I don't think the penalties for that kind of false advertising can be high enough.

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    3. Re:Is Vonage the right person to sue? by BrookHarty · · Score: 4, Interesting

      Landlines now have to be able to dial 911, even if you dont pay for service. I think its a FCC rule now. So even if you dont want phone service, you can still have a phone in your home for 911.

    4. Re:Is Vonage the right person to sue? by t_allardyce · · Score: 4, Interesting

      Theres an extra level of complexity added when people move - there was a case where a mother called 911 when her kid stopped breathing and she transferred through about 3 call centers before her kid died because there was some confusion about her address in the databases. There was some legislation to mandate GPS in cell phones if i remember right?

      I think it would be useful if there was some number (say 922) that people could call that would let them know that their phone would go to the correct call center in an emergency and that the call center would know their address, the problem is that people are lazy and 8/10 homes will never check, sometimes socialism is needed to stop idiots hurting themselves lol.

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    5. Re:Is Vonage the right person to sue? by gl4ss · · Score: 4, Interesting

      I've only seen their advertisements from which I base my opinion.

      they clearly say that you can ditch your old landline.

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    6. Re:Is Vonage the right person to sue? by flonker · · Score: 2, Interesting

      Actually, the proper way to do it is to call 911. Call during normal business hours, and tell them that you're testing your 911 service. Don't do it too frequently, and don't do it when there is high call volume, and everything will be fine. Just use common sense.


      Forum message from some people who actually did test 911 over VoIP.

      People have been testing 911 long before VoIP became popular. The usual reason was that they programmed one of the buttons on their phone to speed dial 911, and want to make sure it works.

    7. Re:Is Vonage the right person to sue? by Toresica · · Score: 2, Interesting

      What's sad is the John family had an accessable cell phone, but when the daughter couldn't get through via internet phone, she was paniced enough she ran next door to a neigbor's phone instead of using it.
      While Vonage should certainly take steps here, there are no steps at their end that will guarentee good results in an emergency situation.


      She wasn't paniced enough that she couldn't call 911 at all. If she'd been expecting that her VOIP service wouldn't work, or that she should use the cell phone, she probably would have remembered.
      That's why it's good to practice things like what to do in an emergency.

  2. One of the many reasons to keep a POTS line. by mrshowtime · · Score: 4, Interesting

    Sigh, almost every major local phone service provider is required to keep every hardline connected capable of dialing 911, even if normal service has been disconnected.

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  3. This should be top priority by phuturephunk · · Score: 2, Interesting

    I'm sorry, but if you're an aspiring telco player, integration into emergency services should be priority number one. If they can do it with cell towers, they can do it with VOIP and there's absolutely no excuse.

    The simple fact is, we've all been trained to call 911 in the event of emergency..and sorry, but all phones should be able to reach it in one form or another. I don't care if you have to open a call center to forward the calls to the proper local authorities, you do it, and that's that.

    This kind of feature should have been in place before vonage even went live and I hope that the state forces them to comply. Now.

    1. Re:This should be top priority by DrSkwid · · Score: 3, Interesting

      how about this excuse :

      where on earth are you ?

      This is the internet, the IP connecting to the VOIP service isn't even necessarily in the same country as the handset.

      Enterprising emergency service providers should start a low cost subscription service to hook up a batphone direct to the 911 center for you.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  4. cordless and base station power by martin · · Score: 3, Interesting

    This also effects the cordless phones to a lesser extent too. Should the power go out most cordless phones don't have battery backup on the base station so the phone still works.

    Many people get rid of their normal phone when they buy a multi-handset cordless, even though there's (in the UK at least) a big sticker on the phone that tells you about requiring mains power for the thing to work and the risk.

  5. Huh? by Cytlid · · Score: 5, Interesting

    I work for an ISP/Communications company in my area. I recently switched my number over to a beta voip test network we've been playing with. I seriously have no idea if 911 will work correctly. (Seeing as I'm geographically close to our switch, maybe it will).

    So I'm a tad concerned about this.

    On the other hand, I did have to dial 911 in the last year (or two?), *before* I had the VoIP service, while I had a traditional land line.

    An electrical cable outside my house was about 60 years old and it decided it would short in the middle of the night. (Think this was last April or the year before). This was the main power to the house. I went out to investigate, and it was smoldering. I had no idea if the house was burning on the inside of the walls or not.

    I run back inside and dial 911. Guess what? The girl didn't know my address. She fumbled for a few minutes and finally I gave it to her.

    So if I know 911 had problems beforehand, why would I worry about my voip service? I've tried to make it completely clear to my family if something goes awry, we would need to use our cell phones...

    --
    FLR
  6. I agree with Texas AG by BrookHarty · · Score: 3, Interesting

    911 should be turned on by default, but using an excuse that it routes through call centers is absurd. Local 911 departments have been routing calls for the last few years due to budget cuts. Thats a lame excuse.

    Also GPS doesnt work as well indoors, so people who said that, thats not really going to work. Right now, cellular companies use tringulation and RF timing to detect where you are, works pretty well. Cingular (Former ATT Wireless) has friend finder, where you can add your friends and family and see where they are. Or leave a phone in the your car, and find out all hours where the car is. ;)

  7. 911 isn't free... by mecro · · Score: 5, Interesting
    This is easy.

    While Vonage is great and all, they are not taxed by anyone, as of yet. If you look at your baby bell phone bill, you'll see a tax of a few bucks on there each month for Emergency 911 service.

    I pay for my 911 service, and so does everyone who uses a landline or a cell phone. Vonage wants access to this system, but they don't want to pay for it.

    That is why the baby bell's are refusing access to the PRIVATE 911 network which they have established. We take 911 for granted, but it is a service that is private, and it is a service that we pay for.

  8. Re:Here I sit, cheeks a flexin'... by RobotRunAmok · · Score: 3, Interesting

    Does Texas produce anything besides asshats?

    Please tell us where you're from.

    (I'm certain hilarity will ensue, and I could use a good laugh this morning.)

  9. Just listened to the sound clipi of the call by matth · · Score: 2, Interesting

    I just listened to the sound clip of the call at:
    http://www.oag.state.tx.us/oagNews/release.ph p?id= 849

    I don't see how this lawsuit will have any feet to stand on... first the message CLEARLY states that 911 service is not available on that line.. and instructs you what to do (have a neighbor call or... HEAVEN FORBID!!! call the police number like you used to have to do 5 years ago)... it's not like Vonage is being negligent about this in any way...

  10. Paint it red... by ImaLamer · · Score: 4, Interesting

    If you didn't want to paint it red, get one of these and put it under one of these.

    Call it the "9-1-1 Emergency Phone" for the kiddies...

  11. Was the service activated? by portwojc · · Score: 3, Interesting

    The real question is did the customer have the service turned on?

    From vonage's website:

    911 Dialing Is Not Automatically Set Up for Use. You Must Pre-Activate 911 Dialing. You May Decline 911 Dialing.
    We STRONGLY urge you to activate 911 Dialing. Even if you don't plan to make 911 calls from your Vonage line, there may be others who do. You can't plan in advance for all situations. For example, a residential line could be used by babysitters, young children, in-laws, and others who may need to make 911 calls. If you decline 911 from Vonage, you or others will not be able to call 911 from your Vonage line. Don't play games with your safety. Register today


    Of course that really doesn't matter. The fact is it didn't work and that's enough for someone to sue.

    It would be interesting to know if they had the service turned on or not. Of course it should be on by default...

  12. E911 VoIP Testing in Washington by supersat · · Score: 2, Interesting
    I recall reading a post in Jeff Pulver's blog that was a letter from the WUTC on E911/VoIP testing:
    Jeff,

    I'm sure you are aware that a E911 VoIP trial is ongoing in King County (greater Seattle area). The King County 911 office along with an ILEC, Intrado, Vonage, and others have already completed 911 calls that route to the correct Primary PSAP, carried the correct call back number, and the correct address information. Dynamic routing (within one hour) of "changed" address information when a user moves locations, is the last test and is scheduled for next week (today the information takes a week to be updated by industry). The method is unusual and still needs to be worked through the standards organizations but proves that 911 issues for VoIP can be resolved by cooperation between government and interested companies. If approved by NENA and ATIS, this method of routing 911 calls will bring better 911 service to VoIP users in all states.

    The initial coordination of this continuing successful project was started at the VON conference in Boston more than a year ago. Inviting staff from the Washington State Utility Commission, as well as other state regulatory commissions, allowed for the type of communication that will build networks and resolve just these kinds of issues in the future between industry and the regulatory world.

    Hopefully the difficult issues like E-911 cost recovery will be resolved in the same cooperative manner. Thanks again for making it possible for state regulators to attend both the Boston and Santa Clara VONs. I will miss the communication between attendees. I will also miss the excellent parties.

    Cheers,

    Bob Williamson
    Senior Member Technical Staff
    Washington Utilities and Transportation Commission
    Olympia, WA.
    So, it seems like they're working on it. Apparently, Speakeasy's VoIP service already works with 911/E911:
    Does Speakeasy Voice Over IP/Home support 911 emergency calling?

    Yes, Speakeasy's VOIP offering provides for standard 911 and E-911 emergency dialing.

    Our customers have told us that a reliable 911 solution was key to switching from traditional phone lines to VOIP. This mission-critical requirement drove us to design a service that could deliver on this promise.

    With Speakeasy Voice Over IP/Home, unlike with most VOIP providers, your 911 calls are routed to the PSAP (Public Safety Answering Point) for your area using standard 911 trunks (not the General Access Line). Your address and telephone number are provided to the 911 operator by way of E-911. In addition, you do not need to register for 911 dialing, as your phone number and address are automatically registered when we complete your order. We have made the design decision to offer voice service only in areas where this level of integration was possible. These features are equivalent to what the local telephone company would provide with the following exceptions: traditional 911 dialing is not possible in the event of a power loss or loss of connectivity. We suggest that you keep a UPS (Uninterruptible Power Supply) connected to your telephone adapter and DSL modem to minimize the effect of power outages on your phone service, and we recommend that you always keep a cell phone as backup for emergencies. Please review our Terms of Service carefully for details about 911 and E-911 dialing.
  13. Re:I think it's BS by Anita+Coney · · Score: 2, Interesting

    Think about it. There are MILLIONS of cell phones out there. There must have been plenty of times someone with a cell phone tried to call 911 but couldn't. I've never heard of a attorney general suing the cell phone industry.

    But, merely ONE time it happens with Vonage, and the lawsuits begin. You don't find that even a little bit suspicious?!

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  14. Re:Simple solution for VOIP Phones by NewStarRising · · Score: 2, Interesting

    With my smoke detector, I can press the TEST button and hear the loud noises it makes.

    How will 911 react if I ring them up and say "Just testing the service works." ?

    Sure. my providor may tell me whether it _should_ work, but, as you say, it is my personal responsibility to make sure it _does_ work, no?

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  15. Re:And? by CristalShandaLear · · Score: 2, Interesting

    The OP could have expounded a bit, but I ask you all to reconsider as this was also my first, and yes a tad callous, thought.

    Her parents were shot by an intruder. Daughter was obviously either hiding or protected well enough that she didn't get shot. The article states that she is 17 not 7 so the expectation is that she would not only know her address but also be able to provide location information, even in a brief space of time.

    911 is to dispatch as soon as possible in an ermegency. That does not guarantee that any further mayhem may not occur until the calvary arrives. Dialing 911 is only the beginning of help. It's not a direct guarantee that the the minute you call, you're safe. It just means that someone else now knows that something bad has happened and that possibly the danger isn't over.

    If you dial "0" on a Vonage phone do you get a local operator? Does someone even think about any of this in a time of emergency when their life is in danger? Probably not. Maybe not especially a 17 year old kid who's parents have been shot.

    However, I work in telecom. People call and cancel their long distance because they're switching all their land line based svc to switch to VoIP. And I ask them if they are aware that they may not be able to reach 911. And the response 9 times out of 10 is that the savings is worth the risk. Of course no one will think that after an emergency. I wonder if her parents took the risk, initialed the little box, checked the appropriate little form box and if so, the risk factor assumed is their own, not Vonage's.

    This also speaks to the litigous depths we will sink too. I'm so very tired of people, especially over-eager attorneys, thinking of lawsuits first instead of, "this was awful, let's work on preventing it in the future". Once upon a time we realized the world was not a perfect place. Now when we get pissed off or hurt or even just on a soapbox, we sue.

    I hope Vonage doesn't have to spend more time and money focusing on a lawsuit than they could on improving the service and 911 support. The original post poses the fact that will a lawsuit change what happened? The answer is no. Will Vonage improve their service, lawsuit or no? Of course. Time and technology will take care of that.

  16. Well, I'll disagree with the crowd. by Gannoc · · Score: 3, Interesting

    911 is PRETTY GODDAMN IMPORTANT. Its taught to kids in Kindergarten. Everyone knows it. Its a universal number that connects you to the police. You can't say "Well, if people are too dumb to read the documentation, they shouldn't be upset."

    Supporting 911 also includes having emergency services know your address, know your PHONE NUMBER, and other information. Its not just a macro that connects you to a PRIVATE company that might not even be open. A 5 year old who doesn't know what his address is can call 911 and have help arrive.

    But according to some posters here, everyone should have read this fine print, buried in the terms of service:


    2.1 Non-Availability of Traditional 911 or E911 Dialing Service
    You acknowledge and understand that the Service does NOT support traditional 911 or E911 access to emergency services. Vonage does offer a limited 911-type service available only on Vonage Devices as described herein, but you acknowledge and understand that 911-type dialing is NOT automatic, that you must separately take affirmative steps, as described in this Agreement and on Vonage's website, to activate such 911-type dialing capabilities and that such 911-type dialing is different in a number of important ways (some, but not necessarily all, of which are described in this Agreement) from traditional 911 service. Vonage 911 dialing cannot be used in conjunction with a Vonage Soft Phone application and is only available on Vonage-certified Devices or Equipment. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the non-availability of traditional 911 or E911 dialing from your Vonage Service and Device(s). If you activate Vonage 911-type dialing service, you agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the important differences and limitations of Vonage 911 dialing service as compared with traditional 911 or E911 dialing that are set forth in this Agreement.
    2.2 Description of 911-Type Dialing Capabilities - Activation Required
    Vonage does offer a 911-type dialing service in the U.S. (but may not offer such service in Canada) that is different in a number of important ways from traditional 911 service. You acknowledge and understand that 911-type dialing is NOT automatic. You must successfully activate the 911 dialing feature by following the instructions from the "Dial 911" link on your dashboard. You acknowledge and understand that you cannot dial 911 from this line unless and until you have received a confirming email. Once you have received a confirming email that 911 dialing has been successfully activated, you may dial 911 as needed. When you dial 911, your call is routed from the Vonage network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that you listed at the time of activation. You acknowledge and understand that when you dial 911 from your Vonage equipment it is intended that you will be routed to the general telephone number for the PSAP or local emergency service provider (which may not be answered outside business hours), and may not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing. Vonage relies on third parties for the forwarding of information underlying such routing, and accordingly Vonage and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. As described herein, this 911-type dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing. Neither Vonage nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relati

    1. Re:Well, I'll disagree with the crowd. by The+Cisco+Kid · · Score: 2, Interesting

      And of course, technology never changes. There was never a time when children were taught than in an emergency, they should hitch up the horse and buggy, and drive to the town ten miles away and go and 'fetch the doctor'.

      The 911 system has only existed since around the mid 1970's. VoIP service is very new. There are inherent technological limitations on its ability to know the location of a caller, due to one of the features that make it so useful. There are inherent political and economic limitations on its abilities to even be able to route calls to the right place, due to the fact that it is attempting to compete with one of the largest most overbearing monopolies in existence, which hates anything that might stand any chance of successful competing with it.

      People didnt used to be aware of 911. They werent aware of it until it became common. As VoIP becomes common, people will become aware of the proper way to report emergencies, and it will have features added to enable police/fire/etc to be contacted conveniently and quickly, and for them to be able to have all the information they need to do their job.

      Yes, I agree that VoIP providers should take every step to ensure that their customers are aware of the issues involved with emergency calls. But people who *choose* to use a VoIP service surely cannot be completely irresponsible - at some point there has to be some cognizance for ones own domain.

      Lets not kill the baby in its cradle just becuase it isnt able to walk upright and feed itself yet.

  17. Re:911 phone without phone service by OhPlz · · Score: 2, Interesting

    I could be wrong but I believe the phone companies are required to keep 911 available when existing phone service is disonnected. They aren't required to run a new line to anyone's house but once a line is established they have to maintain 911 access.

    I don't know if that's federal or state or what.