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T-Mobile To Pay $90M For Unauthorized Charges On Customers' Bills

itwbennett writes T-Mobile US will pay at least $90 million to settle a Federal Communications Commission (FCC) suit that alleged it looked the other way while third parties charged T-Mobile subscribers for services they didn't want. The settlement is the second largest ever for so-called 'cramming,' following one that the FCC reached with AT&T in October. It came just two days after the Consumer Financial Protection Bureau sued Sprint for the same practice.

51 comments

  1. And where is my money?? by Anonymous Coward · · Score: 0

    IF they are paying fine to doing the bad deed... What about paying back all the customers that they took money from?

    1. Re:And where is my money?? by by+(1706743) · · Score: 3, Informative
      From TFA:

      The carrier must pay at least $67.5 million to fund a program to pay its customers back, plus $18 million to state governments participating in the settlement and a $4.5 million penalty paid to the U.S. Treasury. If consumers’ claims go higher, T-Mobile will have to pay them, with no upper limit. Consumers who believe they were wrongly charged will be able to apply for refunds at a website set up for the purpose. That site was not immediately available.

    2. Re:And where is my money?? by Anonymous Coward · · Score: 0

      FTFA: Consumers who believe they were wrongly charged will be able to apply for refunds at a website set up for the purpose. That site was not immediately available.

    3. Re:And where is my money?? by Anonymous Coward · · Score: 0

      IF they are paying fine to doing the bad deed... What about paying back all the customers that they took money from?

      What kind of money?!

    4. Re:And where is my money?? by NeverVotedBush · · Score: 3, Interesting

      In my case it was $9.99 per month for 5 months but my Senator got T-Mobile to refund all of my money back when this happened after I asked his office for help when I discovered the charges and got the runaround from T-Mobile when I demanded a refund.

    5. Re:And where is my money?? by The+Grim+Reefer · · Score: 5, Informative

      I dealt with this several years ago. I found the charges on my bill and called to have them removed. It showed up the next month too. After speaking, at length, with the T-mobile rep it made sense. T-mobile allowed you to purchase apps through your account. But these companies would get your number and just start charging you. Apparently many people don't look at their bills and don't notice changes for a couple dollars. Particularly if the company name is worded to look like part of your bill. I asked them to disable being able to bill my account directly and the problem was solved.

    6. Re:And where is my money?? by fustakrakich · · Score: 1

      You mean you didn't get your $1.99 credit voucher(void where prohibited by law. not valid with other promotions)? I'd sue if I were you

      --
      “He’s not deformed, he’s just drunk!”
    7. Re:And where is my money?? by NoKaOi · · Score: 4, Insightful

      Consumers who believe they were wrongly charged will be able to apply for refunds at a website set up for the purpose.

      So pretty much T-Mobile could have made hundreds of millions of dollars off of this, but they won't have to pay more than $67.5 million of it unless people realize they were being overcharged, and go to the trouble of applying for a refund. How many people will actually do that? Most people who were wrongfully charged probably don't even realize, especially when it's tucked in between the various ridiculous "fee" line items on the bill. And even if people do realize they are being wrongfully charged, and even if they do know where to go to apply for a refund, unless it's a significant amount most won't bother because either they'll "get around to it later" or figure the slim chance of actually collecting isn't worth their time and hassle.

      There should have been a few more million added to hire a team of forensic accountants.

    8. Re:And where is my money?? by cduffy · · Score: 1

      More like $20, and that's for people who don't look up how much they were actually charged.

      And cash, not a voucher. I'm a former T-Mobile customer, and they looked up my new contact information and got in touch to let me know that this was available (how to ask them to research my actual charges, vs how to accept the default amount).

      A lot of these settlements are BS, but you might do a bit of homework for claiming that this is just more of the same.

    9. Re:And where is my money?? by by+(1706743) · · Score: 2

      Yeah, it's unfortunate -- a few bucks probably doesn't matter to average Joe, so it's not worth persuing...but there are many millions of average Joes, which really makes it worthwhile for T-Mobile, etc.!

    10. Re:And where is my money?? by Anonymous Coward · · Score: 0

      Try "persuing" an education.

    11. Re:And where is my money?? by WinstonWolfIT · · Score: 2

      Here in Australia, when a company acts fraudulently, they're pretty much forced to declare their misdeed to all their customers, and to go through all the necessary steps to make it right. For instance, when Coles got spanked for calling their bread fresh baked daily, and when it came out they were baking from partially baked and frozen, they had to put several notices on the wall behind their breads spelling out in great detail what they did wrong. Every detail including the placement, frequency, and wording were ordered by the court.

      In T-Mobile's case, the court should have (and perhaps actually) ordered them to mail and email every potentially affected customer with details on how to apply credits to their account online, and every affected prior customer to claim a refund online using account number and mailing address to verify. In cases where the actual damage amount can be determined, credits and refunds should be automatic. Anything that requires jumping through one hoop too many is egregiously odious. Ah well one can dream.

    12. Re:And where is my money?? by fustakrakich · · Score: 1

      Eh, sometimes the magic works. Don't spend it all at once :-)

      --
      “He’s not deformed, he’s just drunk!”
    13. Re:And where is my money?? by Dorianny · · Score: 1

      1. Think of a clever scam.

      2. Scam your customers out of hundreds of millions.

      3. Pay a few million to settle the charges with the government while not admitting any wrongdoing (cost of doing business).

      4. Profit.

      5. Rinse and repeat.

    14. Re:And where is my money?? by tompaulco · · Score: 2

      I dealt with this several years ago. I found the charges on my bill and called to have them removed. It showed up the next month too. After speaking, at length, with the T-mobile rep it made sense. T-mobile allowed you to purchase apps through your account. But these companies would get your number and just start charging you. Apparently many people don't look at their bills and don't notice changes for a couple dollars. Particularly if the company name is worded to look like part of your bill. I asked them to disable being able to bill my account directly and the problem was solved.

      I went through this several times with Verizon. I disabled all billing through my account, but apparently every time you get a new phone, change your rate plan, or a mouse farts, the option gets switched back on.
      In many cases, such as my stepson's, they are aiming these services at kids, because they know they have trained well this generation of kids to not read the fine print. By texting "funny" to some number they can get a corny joke sent to their phone once a day and they don't even realize that it is costing $10 a week because they didn't read the fine print. Nevermind that kids are not able to enter legal contracts and are under no obligation to pay.
      Basically, if the phones are offering these billing services, they need to be regulated under the same rules as a credit card, in addition to the regulations of the phone services. Basically, they are currently acting as a credit card without having to follow the same regulations. Since they are not acting as a mere facilitator, as a credit card company would, they feel no obligation to side with the consumer on a complaint. If a CC company sides with a consumer and reverses the charge, they make MORE money. If the phone company reverses the charge, they lose not just their 20-40% cut of the scam, but the entire amount, unless they have agreements with the scam companies that allow reversing the charges to them.

      --
      If you are not allowed to question your government then the government has answered your question.
  2. Nice! I was one of the ones hit by these charges! by NeverVotedBush · · Score: 5, Informative

    I started getting text messages on some celebrity quiz game but was just deleting them until I finally got tired of them. I looked the company up online and saw where people were complaining about getting slammed and charges showing up. I checked my bill and sure enough - there were the charges. I hadn't noticed them because they were down a couple of extra layers under something like "miscellaneous charges". I called T-Mobile to stop it and get the charges refunded but they had me contact the charging company to dispute and the charging company would only refund a couple of months. This had been going on for about 5 months. I called T-Mobile and insisted on total refunds and just got a runaround. I called my Senator and told his staff about it. They intervened and T-Mobile contacted me and gave me a full refund. The Senator's staff contacted me again and asked if I minded if my case data was used in their investigation and I told them not at all. Looks like it has all finally bore fruit.

    The company - I would have to check my files for the name - said I had visited some web site and signed up for their celibrity quiz game. I had a static IP address at the time and sure as shit, they had it. I had apparently visited a site that was simply harvesting IP addresses, or somehow they associated my IP with my name. I would never sign up for some celebrity quiz. It was a simple slam.

    Glad they all got nailed!

  3. Thanks, Obama by Ralph+Wiggam · · Score: 3, Informative

    Remember when the Republicans in Congress fought against the creation of the Consumer Financial Protection Bureau? This is why.

    The CFPB was actually proposed by Elizabeth Warren, then still at Harvard. She was Obama's first choice for its Director, but her appointment was blocked.

    1. Re:Thanks, Obama by NeverVotedBush · · Score: 1

      I thank everyone involved in making these guys pay for this stuff. It was a scam top to bottom. I changed carriers as soon as I got my refund.

    2. Re:Thanks, Obama by misexistentialist · · Score: 1

      Which "crams" its $500 million budget onto taxpayers payroll deductions every year, good luck getting your money's worth

  4. The "T"'s have been doing this forever by Anonymous Coward · · Score: 1

    T-Mobile's big mama, the Deutsche Telekom AG (DTAG) has been doing
    this for years in Germany. First they themselves invented charges to put
    on people's bills until there was enough backlash and they got fined for it.
    Then .. they got smarter about it and let third parties do the the fantasy
    billing.

    I am so not surprised to see T-Mobile USA do the same thing. They must
    figure what works in Germany works just as well in the USA.

    What they the "Telekoms" need for them to stop this pattern of ripping people off (on top of
    their expensive service that is), is a couple of devastating, ear-ringing and numbing slaps
    in the face. The kind where they will debate whether or not to shutdown their USA operations.
    Not the light slaps on the wrist they got from the German courts. German big business obviously
    owns their home courts.

    1. Re:The "T"'s have been doing this forever by rsborg · · Score: 1

      T-Mobile's big mama, the Deutsche Telekom AG (DTAG) has been doing
      this for years in Germany.

      Got a cite for that? I can't find anyone complaining about DT and slamming or inapprporiate charges on their account. If you do find such an example (assuming such an example exists), would you be so kind as to update Wikipedia?

      https://en.wikipedia.org/wiki/...

      --
      Make sure everyone's vote counts: Verified Voting
  5. Why not fine the 3rd party companies?? by Cutting_Crew · · Score: 3, Interesting

    Why not fine them as well for illegal charging people when they didnt consent??

    1. Re:Why not fine the 3rd party companies?? by dfm3 · · Score: 1

      I would suspect that many of them are shady, fly-by-night operations based out of a PO box somewhere, and that the people responsible tend to be near impossible to track down. By the time the legal system gets around to them, they are long gone with the money and have closed down their "business" only to start up another one under a different name/address.

    2. Re:Why not fine the 3rd party companies?? by Anonymous Coward · · Score: 0

      ... many of them are shady, fly-by-night operations ...

      That's why it's so important that T-mobile is fined for handing their customers over to parasites and customers are informed. But the ruling doesn't require any declaration of wrong-doing by T-mobile and a $4.5 million dollar fine probably equals a bonus for upper-level manager. One can only hope someone makes a public announcement to T-mobile customers so this misbehaviour costs them more than $90 million. Even with T-mobile getting only cents on the crooked dollar, I assume they made more than that.

    3. Re:Why not fine the 3rd party companies?? by ihtoit · · Score: 1

      this is why they call it a settlement, not a declaration of liability. By accepting the settlement you're agreeing to take no further action on the matter. They got you by the bollocks, and by accepting the twenty Dollar rebate you're accepting that, too.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    4. Re:Why not fine the 3rd party companies?? by MrL0G1C · · Score: 1

      Fine!! It's criminal fraud, nothing civil about it, people should go to prison*

      *for a short period in a non-pound-em-in-the-ass prison, US has too many people in prison, you all need to calm down with that.

      --
      Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
    5. Re:Why not fine the 3rd party companies?? by RyoShin · · Score: 1

      Even if the third parties were the ones doing the charging, T-Mobile was the enabler. From the fine article:

      T-Mobile let third parties continue billing its subscribers for services they never approved, even when as many as half the people getting billed for a service had complained to T-Mobile, said Travis LeBlanc, the FCC’s enforcement chief. The carrier had a policy of investigating any service with a complaint rate higher than 15 percent, yet it let many of those companies keep putting their charges on T-Mobile bills, he said. T-Mobile got a 35 percent cut of the third-party charges, according to the FCC.

      T-Mobile can certainly go after these companies to recoup their losses if the companies broke contract, but something tells me the contract had a few holes that T-Mobile didn't mind the companies using...

  6. Re:Nice! I was one of the ones hit by these charge by rsborg · · Score: 1

    I called my Senator and told his staff about it. They intervened and T-Mobile contacted me and gave me a full refund. The Senator's staff contacted me again and asked if I minded if my case data was used in their investigation and I told them not at all. Looks like it has all finally bore fruit.

    I salute you sir for your efforts. May I kindly ask who your Senator was at the time?

    --
    Make sure everyone's vote counts: Verified Voting
  7. Finally! by jenningsthecat · · Score: 2

    A penalty that stands a chance of getting the offender's attention, rather than one that's considered simply a cost of doing business. The fine should have been higher though - perhaps an additional $90M as purely punitive damages. Companies need to learn that wilfully screwing over their customers really, really hurts their bottom line. Also, an award approaching a fifth of a billion would likely piss off enough shareholders that several heads would roll.

    --
    'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    1. Re:Finally! by Required+Snark · · Score: 2
      T-Mobile's market capitalization is $21.35 Billion. A $90 million fine is a joke.They spend more then this for office supplies. And they won't have to pay nearly $90 million, because they will game the system so that very few people get the refund. The corrupt asshats who are responsible went home this weekend, had a drink and laughed the heads off over how useless the FCC is. It is a near certainty that they still came out ahead on the deal.

      You want a fine that will make them take notice? Fines for companies that do large scale interstate commerce should be scaled to the worth of the company. The pretend $90 million figure is 0.4% of their market capitalization. Make the fine 1% or more of their market capitalization and I guarantee they will pay attention. Make it 2% or more and there might even be a turnover of the CEO and board of directors, which is what should really happen. Remember that they willingly participated in fraud to the tune of $67 million. The fact that no one is exposed to any jail time for this is a measure of how corrupt our pretend capitalistic system has become.

      --
      Why is Snark Required?
    2. Re:Finally! by Anonymous Coward · · Score: 0

      ... their market capitalization ...

      I hate the fact that an individual earning $1 million is fined $50,000 and a corporation earning $1 billion is fined $300,000. If dishonesty is spread equally, it's a discount on crime for corporations. But remember that market capitalization is the investor's money. Maybe investors should pay a fine for choosing the wrong directors. But those investors don't have a lot of power either: They can't take lost dividends from the directors who mismanaged the corporation. The law seems to rarely hold directors responsible for the mismanagement of a corporation.

      ... how corrupt our pretend capitalistic system has become ...

      The system is corrupt because corporations have the money to fight the system: Lobbyists, spin doctors and action committees, lenient court orders, puny punishments, tax breaks and revenue shifting all combine to make corporations a plutocracy. One that doesn't directly pay for police and prisons.

    3. Re:Finally! by ihtoit · · Score: 1

      fight the system? No, they *own* the system.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    4. Re:Finally! by SuricouRaven · · Score: 1

      There will be ways to game the system. Look at Hollywood, for example: The reason you see films given as 'making $X on a budget of $Y' is that no film, no matter how successful, ever turns a profit on paper. No profit, nothing to tax.

  8. AT&T Settled a Similar Lawsuit by Anonymous Coward · · Score: 1

    And I haven't received my $250 yet. It's been a year. Good luck.

    1. Re:AT&T Settled a Similar Lawsuit by Khyber · · Score: 1

      You fucking idiot, at this point and time you're supposed to file a lien on their property.

      That you haven't done so is a statement of your idiocy and ignorance of the law.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    2. Re: AT&T Settled a Similar Lawsuit by Anonymous Coward · · Score: 0

      Wow, you certainly love the cock.

  9. What was the actual monetary gain from this? by Anonymous Coward · · Score: 0

    If they made 900 million and we fine 1/10, it's not much of a disincentive.

  10. The real question is... by Anonymous Coward · · Score: 0

    Did T-mobile make more than 90 million off these practices? If so then this is a slap on the wrist and the behavior will continue.

  11. cramming? by Anonymous Coward · · Score: 0

    Could someone explain the difference between cramming and wire fraud? Do you need an Inc. after your name for the former?

    1. Re:cramming? by rmdingler · · Score: 1

      It's often the difference between a fine and a sentence.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    2. Re:cramming? by ihtoit · · Score: 1

      cramming is the practice of adding small, often unnoticeable, unauthorised charges to a customer's bill. Such charges may be disguised as excess data charges, roaming connects, SMS picture messaging (which some smartphones use to upload pictures to Facebook rather than use data allowance and a web interface), freemium games...

      Yes, it's a *form* of fraud, but not necessarily wire fraud which is a very specific type of fraud. Title 18 of the US Code, at section 1343 provides that:

      "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice..."

      Cramming can be seen as a wire fraud if it is wholly and entirely committed over wire (ie freemium gaming which doesn't offer a clear warning that proceeding past level 5 will incur charges to your data bill, etc. - yes, acts of omission can also be fraudulent).

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  12. I took back a Samsung S5 as a POS by Anonymous Coward · · Score: 0

    They sent me a new phone as a replacement minus the back cover.

    Damn if I can't find the old phone to ship back; I thought given long enough it would show itself (two houses it could be or not be at)

    Maybe instead of a refund they'll just mark off the old S5...

    The new one works great BTW, just stuck using a wallet type carrier as it has a water resistant gasket (back cover).

  13. Re:Nice! I was one of the ones hit by these charge by Anonymous Coward · · Score: 0

    Looks like it has all finally bore fruit.

    Not really. Is anyone going to jail for this scam? Or are they just giving back a portion of the profits they made by defrauding people?

  14. Re:Nice! I was one of the ones hit by these charge by passwd · · Score: 1

    Are they less likely to try the same scam again? Probably.

  15. Re:Nice! I was one of the ones hit by these charge by Anonymous Coward · · Score: 0

    Slamming is one reason pre paid phones are the success they are now. No fighting to get the billing to quit.

    Provide good service or else I won't continue to be a customer.

    A phone was never supposed to be a credit card for pay add on services. When this was allowed, the abuse and fraud followed.

  16. From the perspective of the Sprint Lawsuit by wjcofkc · · Score: 1

    I call BS...

    I realize the story is specifically about T-Mobile, but overall it's about the "mysterious" charges that end up on peoples bills across all carriers.

    I worked in Sprint's billing department (hell on earth, yes), and I dealt with these calls about 25% of my day. I was personally allotted $15 per call, that's per customer to refund these charges, explain how they got there, personally block them from happening again wherever possible, and then give a long lecture on how to prevent this sort of thing from happening again. And if it was more? "Hey, boss! I need you to approve $50 in refunds for this account!" "Okay, no problem!" Half the time the charges could be traced back to a parent letting their 7 year old play games on their phone without oversight, but we refunded them anyway. There are many different ways for these types of charges to get on a phone bill, and we always happily refunded them, blocked misc. services or whatever ever it took, and cordially thanked them for being diligent when it came to examining their monthly statement. The bottom line is, at least at Sprint, I never saw a charge that someone had to have blindly agreed to, yet we refunded them left and right anyway.

    If you had the opposite experience with Sprint, it wasn't within the last 5 years (major reform) or you weren't routed to my department.

    It's up to the customer to carefully examine every line item on their bill every single month and that's that.

    I get the feeling this will get modded straight to hell, I hope at least one person with sensibility reads it first.

    --
    Brought to you by Carl's Junior.
  17. Re:Nice! I was one of the ones hit by these charge by squiggleslash · · Score: 1

    At least you got some unsolicited text messages ;-) Most victims of this scheme, my wife included, never even got that. There was literally no connection between activity on our accounts and the unauthorized charges.

    To this day I find it unfathomable T-Mobile would allow any company to add charges to one of their customer's bills on their say-so. At the very least, I'd expect a "Show an example of a text message FROM customer TO creditor" requirement, something T-Mobile (and apparently the other companies to, according to Legere) never bothered to require.

    Insanity.

    --
    You are not alone. This is not normal. None of this is normal.
  18. You can block all slamming in T-mobile by 140Mandak262Jamuna · · Score: 1
    T-mobile says here it is possible for the customers to block ALL third party service provider billing.

    Third-party service provider billing Certain third-party charges (games, apps, ringtones, etc.) may be included on your T-Mobile bill. If you want to block those third-party charges from being included on your T-Mobile bill, you may do so at no charge by visiting www.my.T-Mobile.com or calling T-Mobile Customer Service.

    I have used it and I have not seen any such slammed bills over a number of years. But one constant complaint I have is that, every time I go to Niagara Falls, (I am an Indian American, all my relatives and friends from India insist on visiting Niagara when they come here. I have gone there some 35 times, might qualify as a guide too ;-)), my T-mobile phone would connect to Rogers Wireless and they will bill me through T-mobile. I have blocked international calls, international roaming and general roaming. Still it gets through and I have to call them to have these reversed.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:You can block all slamming in T-mobile by tompaulco · · Score: 1

      T-mobile says here it is possible for the customers to block ALL third party service provider billing.

      I'm not sure about T-mobile, but Verizon has various flags which cause this to get turned back on, such as getting a new phone, signing a new contract, changing your rate plan, etc.

      --
      If you are not allowed to question your government then the government has answered your question.
  19. Re:Nice! I was one of the ones hit by these charge by JimSadler · · Score: 1

    There is no hope of halting these practices without fines that take far more than the crime generated. The courts have enabled white collar crime by allowing these companies to steal and pay less than the sum stolen in fines. We should also consider a seizure of company assets and a forced shut down of the enterprise as it was an ongoing criminal conspiracy and the RICO Acts should be in play.