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AT&T To Cough Up $88 Million For 'Cramming' Mobile Customer Bills (networkworld.com)

An anonymous reader quotes a report from Network World: Some 2.7 million ATT customers will share $88 million in compensation for having had unauthorized third-party charges added to their mobile bills, the Federal Trade Commission announced this morning. The latest shot in the federal government's years-long battle against such abuses, these refunds will represent the most money ever recouped by victims of what is known as "mobile cramming," according to the FTC. From an FTC press release: "Through the FTC's refund program, nearly 2.5 million current ATT customers will receive a credit on their bill within the next 75 days, and more than 300,000 former customers will receive a check. The average refund amount is $31. [...] According to the FTC's complaint, ATT placed unauthorized third-party charges on its customers' phone bills, usually in amounts of $9.99 per month, for ringtones and text message subscriptions containing love tips, horoscopes, and 'fun facts.' The FTC alleged that ATT kept at least 35 percent of the charges it imposed on its customers." The matter with ATT was originally made public in 2014 and also involved two companies that actually applied the unauthorized charges, Tatto and Acquinity.

37 comments

  1. Why is nobody going to jail? by lbates_35476 · · Score: 4, Insightful

    A refund is nice, but until people go to jail for committing this fraud these big companies are going to just keep doing this to us. Companies don't commit crimes like these, people do.

    1. Re:Why is nobody going to jail? by frovingslosh · · Score: 3, Insightful

      Just a little piece of the action for the government and AT&T gets away with pretty much anything. No real punishment and there will be different ways to cheat the customers next year. Nothing new here.

      --
      I'm an American. I love this country and the freedoms that we used to have.
    2. Re:Why is nobody going to jail? by Anonymous Coward · · Score: 0

      Well at a minimum a REALLY big fine. $88 Million isn't alot to AT&T AND if we assume its the funds from this fraud it's really $0 from AT&T's money they actually earned. Fine them like $3B and spread THAT around to the affected customers in lieu of those customers filing a lawsuit. I'm sure those customers wouldn't mind a $1200 check just appearing out of no where for just signing a document saying you won't sue AT&T over this and $3B seems like a big enough number to get their attention...hmm just checked & AT&T made ~$80B in GROSS PROFIT last year...ok so lets make this fine $20B & now all those people get a nice healthy check for ~$7400...yeah a nice little x-mas present.

      Do this once to a company like AT&T and I guarantee this will NEVER happen again...I mean shit, the article says the FTC 'release a report with measures the carriers could take to prevent unauthorized charges from appearing on customers bills'...SERIOUSLY...here's a simple measure DO NOT BILL FOR SERVICES THE CUSTOMER DIDN'T ASK FOR & YOU DIDN'T PROVIDE! If AT&T isn't providing the service & I didn't order it from them then why are they charging me ANYTHING. Just fine them the $20B & I guarantee you every carrier on the planet will figure out for themselves how to make sure this never happens again, no advice from the FTC needed.

    3. Re:Why is nobody going to jail? by Anonymous Coward · · Score: 0

      Completely agree. Send these assholes to maximum security even for 1 week.

    4. Re:Why is nobody going to jail? by Anonymous Coward · · Score: 0

      It's not a refund, it's a bill credit.

    5. Re:Why is nobody going to jail? by raind · · Score: 1

      Hear that JP Morgan, Haliburton, Citibank? etc.
      Yeah we didn't think so...

      --
      Get up!
    6. Re:Why is nobody going to jail? by jenningsthecat · · Score: 1

      ...I mean shit, the article says the FTC 'release a report with measures the carriers could take to prevent unauthorized charges from appearing on customers bills'...SERIOUSLY...here's a simple measure DO NOT BILL FOR SERVICES THE CUSTOMER DIDN'T ASK FOR & YOU DIDN'T PROVIDE! If AT&T isn't providing the service & I didn't order it from them then why are they charging me ANYTHING. Just fine them the $20B & I guarantee you every carrier on the planet will figure out for themselves how to make sure this never happens again, no advice from the FTC needed.

      I came here to say that the figure should be $880 million instead of the chump-change fine levied by the FTC. But I like your approach much better. Even a billion is only a (slightly steep) COB for a company like AT&T, but 20 gigabucks would seriously get their attention. The fact that agencies like the FTC don't levy meaningful fines is just more evidence of the ever-increasing levels of control that corporations exert over the government.

      Even at that, the situation might be better if Joe and Jane Average bothered to get out a calculator and discover that although $88 million would be a sweet Powerball win, to a big corporation it's the budgetary equivalent of a Happy Meal. Then maybe they'd pressure the people they elected to do the right thing.

      --
      'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    7. Re:Why is nobody going to jail? by MitchDev · · Score: 1

      "The fact that agencies like the FTC don't levy meaningful fines is just more evidence of the ever-increasing levels of control that corporations exert over the government."

      Nice to see see people are finally waking up to this simple truth.

      We're just Cybernetic implants away from cyberpunk....

    8. Re:Why is nobody going to jail? by Anonymous Coward · · Score: 0

      Microsoft's many small and large abuses

  2. Finally... by yo303 · · Score: 0

    "Can you hear me NOW?" says FCC to AT&T.

    1. Re:Finally... by yo303 · · Score: 1

      I mean FTC.

    2. Re:Finally... by kpainter · · Score: 1

      This is peanuts. Assuming they hit each consumer for $9.99/mo. and 2.7M victims, that $88M would be collected in 4 months. They did this for years. Maybe decades. How is this punishment? There needs to be a couple of zeros added on to the end of that fine.

    3. Re: Finally... by Anonymous Coward · · Score: 0

      I came here looking for the "you have been subscribed to Cat Facts" thing...

    4. Re:Finally... by Ol+Olsoc · · Score: 1

      This is peanuts. Assuming they hit each consumer for $9.99/mo. and 2.7M victims, that $88M would be collected in 4 months. They did this for years. Maybe decades. How is this punishment? There needs to be a couple of zeros added on to the end of that fine.

      Back of th envelope calculations show the lawyers collecting some 58 million, leaving 30 million for the victims, whichcomes out to an earth shattering 11 dollars per victim.

      So ATT users, you gonna open up an offshore account with your newly gained wealth?

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    5. Re:Finally... by RavenLrD20k · · Score: 1

      "Can you hear me NOW?" says FCC to AT&T.

      AT&T: "What was that? We can't hear shit cuz we're stuck in this giant room stuffed full of Cleveland Notes ($1,000 bills) above our ears!"

  3. Theft by another name.. by Daemonik · · Score: 3, Interesting

    When will we start cracking down and throwing some CEO's in prison for theft for these sorts of practices? Instead they get to walk away with a declaration of no guilt, write off the payback and go on about their business: figuring out the next scam.

    1. Re:Theft by another name.. by Ol+Olsoc · · Score: 1

      When will we start cracking down and throwing some CEO's in prison for theft for these sorts of practices? Instead they get to walk away with a declaration of no guilt, write off the payback and go on about their business: figuring out the next scam.

      Um, I believe that this situation is not heading in the direction you want it to go.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    2. Re:Theft by another name.. by SuricouRaven · · Score: 2

      He does make a good point though. Holding the corporation liable for outright criminal action, but not the individuals who actually give the order, means there is little reason not to take the risk and break the law. If the executive doesn't get caught, they make a ton of money for the company and can enjoy the resulting bonuses and personal wealth. If they do get caught, no big deal - the company pays a fine (which is often less than the money gained by the criminal action) and they carry on working.

      It also creates the sort of class difference that fuels resentment: The lower-income groups see how easily those with wealth and corporate connections can get away with actions that the ordinary person would be jailed for, and this leads to a lot of "fight the corporations!" and "We are the ninety-nine percent!" protests.

      I am not sure quite what the solution for this is, but the current approach is far from ideal.

    3. Re:Theft by another name.. by mjwx · · Score: 1

      When will we start cracking down and throwing some CEO's in prison for theft for these sorts of practices? Instead they get to walk away with a declaration of no guilt, write off the payback and go on about their business: figuring out the next scam.

      That is expressly why they invented limited liability companies. Its not just to protect investors from financial mistakes, but to protect the perpetrators from legal ones.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    4. Re:Theft by another name.. by Ol+Olsoc · · Score: 1

      He does make a good point though. Holding the corporation liable for outright criminal action, but not the individuals who actually give the order, means there is little reason not to take the risk and break the law.

      I find myself in the cynical position of agreeing with both of you, yet understanding that the situation has become much worse for the idea of holding the "gods of the universe" in any way accountable. It isn't a fine, it's a cost of doing business. An expense against profit.

      And with the encouragement we've given them recently, with a whacked-ass stunt of a company threatening to move 2000 jobs overseas, and gets a nice tax break for "only" moving over half of them overseas and keeping 800 some here in the US - and this is something that is bragged about as a positive change?

      Christ - I find myself in the weird position of agreeing with Sarah Palin that it's crony capitalism, blessed and approved by the people who will be it's biggest victims.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  4. It must be nice... by fuzzyfuzzyfungus · · Score: 3, Interesting

    It must be pretty cool to be in a position where you can commit fraud against ~2.8million people, sit on the proceeds for several years; and then settle the whole matter for 'compensation' that, at worst, might wipe out your original profits on the fraud.

    Not quite as good as impunity; but perhaps an even better mockery of the perception of 'justice', since the whole process gets to play out as a pitiful farce, rather than just being ignored.

    Incidentally, why is it that, given the American propensity for a good spree killing, you never hear about unpleasant things happening to the people behind schemes like this? Occasionally somebody shoots up their workplace and kills an immediate supervisor or the like; but nobody ever seems to go any higher up the food chain.

    1. Re:It must be nice... by FatdogHaiku · · Score: 2

      Not even close. 88/2.7 rounds to 32.59. So, if Lawyers don't get any of that it's still three months cramming fees per person, and it went on longer than three months you can bet... someone should start a percentage based audit service and get some small claims action going. This was mandated by the FTC so I'd be shocked if it abrogated ones rights to seek further redress.

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    2. Re:It must be nice... by ausekilis · · Score: 1

      Incidentally, why is it that, given the American propensity for a good spree killing, you never hear about unpleasant things happening to the people behind schemes like this? Occasionally somebody shoots up their workplace and kills an immediate supervisor or the like; but nobody ever seems to go any higher up the food chain.

      Because those large corporations are wide-spread and the worker bees that are disgruntled are working in a shed out in the boonies... far removed from the HQ ivory tower with all the C-Men making 7 digits. Though Undercover Boss would get a lot more interesting if it turned into a murder-mystery reality show.

  5. Not a deterent by Anonymous Coward · · Score: 0

    That sort of money is small change to a megacorporation like AT&T who will make that up in no time. In a year they won't even remember this. They probably pay less on their rent. AT&T will still dominate the market through their sheer size and the gains of their illegal conduct will outweigh the fine. The only way to deter illegal conduct by a corporation is to jail those responsible, sack and fine boardmembers who let it happen, and for repeat offense dismantle the corporation.

  6. Profit by Princeofcups · · Score: 4, Insightful

    Make $196m illegally. Pay $88m fine. That's $88m profit. What's the incentive to stop doing these things again?

    --
    The only thing worse than a Democrat is a Republican.
    1. Re:Profit by Ksevio · · Score: 2

      The law and of course it's ethically...aw sorry couldn't finish that with a straight face.

    2. Re:Profit by haruchai · · Score: 1

      Make $196m illegally. Pay $88m fine. That's $88m profit. What's the incentive to stop doing these things again?

      About 25 years ago, I moved from one city to another in search of work and continued to collect unemployment insurance for about 3 months longer than I was entitled while I got my feet under me - my first and only ever violation and I've never been on unemployment or welfare since.
      About 2 years later, the gubmint caught up with me. First was full repayment, then a fine assessed at FIVE times the gross amount I "stole" AND a stipulation that any unemployment payments I were to receive in the next 3 years would be reduced by 25%.

      --
      Pain is merely failure leaving the body
    3. Re:Profit by Anonymous Coward · · Score: 0

      > Make $196m illegally. Pay $88m fine. That's $88m profit. What's the incentive to stop doing these things again?

      According to my calculations, the incentive is -$108m.

  7. Trump will stop this! by Anonymous Coward · · Score: 0

    Regulation...something something...holding companies back...something...innovation...PROFIT!

  8. Forget fines by hackwrench · · Score: 1

    The government needs to come in with an engineering team and lay down the law as to how things will go from now on. Not going to happen, but all this other stuff won't work, so I might as well throw this out there now. The AI apocalypse can't happen soon enough.

  9. 88 million is chicken feed by p51d007 · · Score: 1

    Until the government starts placing a HUGE fine, ban or some other way to REALLY hurt these azzhats, you think they care? They'll just spend that much money paying off senators, congress and who ever else it takes, slap them on the back, laugh all the way to the bank. I dropped at&t about 10 years ago, haven't looked back. On a side note, I switched to straight talk about 4 years ago, but still use the at&t network on my sim card since for me, their coverage is better than the rest.

  10. Old or New? by Atryn · · Score: 1

    The link to the Press Release is current (December 2016) but in the press release is a link to the actual settlement which is dated 2014....

    --
    Come play Moral Decay!
  11. Prepaid by Anonymous Coward · · Score: 0

    Makes a great case for avoiding the whole issue and going pre-paid.

  12. Why are 3rd parties allowed to bill you? by knorthern+knight · · Score: 2

    The real problem...

    * you have a phone number that is either published in a phone book or a private database that bad guys can buy

    * any 3rd party hole-in-the-wall outfit can come along and send billing tapes to the telco

    * you get billed, and have to dispute the bill to get your money back

    What's required is an option allowing the phone customer to pre-emptively disable 3rd party billing. The telcos get a cut of the bill, and have every incentive to continue. It would require action by regulators to enforce a prohibition against 3rd party billing.

    --

    I'm not repeating myself
    I'm an X window user; I'm an ex-Windows user
  13. Accountability... by MikeRT · · Score: 1

    If we were a little more like the Chinese in dealing with our companies, you'd see less of this. Throwing an executive in general lock up has a certain pour encourager les autres effect that fining a company and letting them debate a sock party for the people responsible does not have. It's like I said after Deepwater Horizon. You really think if we left BP alone but brought the death penalty for felony murder against the executive(s) responsible for 11 oilmen dying and that much environment damage that the oil industry wouldn't stand up, sphincters puckered and be good Boy Scouts on worker safety and the environment?

  14. 88 million? by MitchDev · · Score: 1

    That's what AT&T's accountants call "a rounding error"... this is no punishment. Jail time for the CEO and board of directors...

  15. The Math, aka Big Freaking Deal by Weaselmancer · · Score: 1

    We have this:

    AT&T To Cough Up $88 Million For 'Cramming' Mobile Customer Bills

    And this:

    Through the FTC's refund program, nearly 2.5 million current ATT customers will receive a credit on their bill within the next 75 days, and more than 300,000 former customers will receive a check.

    So, $88000000/(2500000+300000) = $31.43. Thanks guys, I'll try not to spend it all in one place.

    --
    Weaselmancer
    rediculous.