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supertonic

macrumors member
Original poster
May 5, 2010
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http://arstechnica.com/gadgets/2012...-refund-overcharged-grandfathered-data-users/

FCC LINK:
November 6, 2012
AT&T TO PAY $700,000 TO RESOLVE COMPLAINTS OF EXCESS CHARGES FOR
WIRELESS DATA PLANS AGAINST “GRANDFATHERED” DATA SUBSCRIBERS

FCC Enforcement Bureau Consent Decree Will Also Require AT&T to Refund Excess Charges

Washington, D.C. – As a result of an FCC Enforcement Bureau investigation, AT&T agreed to pay $700,000 as part of a consent decree to resolve complaints that the company switched certain consumers to its mandatory monthly wireless data plans even though it had promised they could retain their existing pay-as-you-go data plans. These customers are called “grandfathered subscribers.”

AT&T has agreed to refund excess charges paid by individual customers, which could be as much as $25 to $30 a month, depending on data use. The transfers began occurring in November 2009, shortly after AT&T required first-time smartphone subscribers or those who upgraded their phones to enroll in monthly data plans. Consumer complaints prompted the FCC to launch an investigation last year.

“Today’s action sends a clear signal that wireless carriers can’t wrongfully charge consumers,’’ said FCC Chairman Julius Genachowski. “These strong FCC accountability measures will ensure customers are not over-charged. I am pleased that AT&T is taking the appropriate steps to resolve this issue.”

“This Consent Decree puts precious dollars back in the pockets of consumers—where they belong,” said Michele Ellison, Chief of the FCC’s Enforcement Bureau. “We strongly encourage AT&T subscribers to check their bills closely and contact the company if they spot any overcharges related to wireless data.”

AT&T smartphone customers who had pay-as-you-go data plans (or had disabled network data) and kept their old phones had the option to keep their pay-as-you-go data plans when the company made monthly plans mandatory in September 2009. Some consumers who replaced these phones under warranty or insurance, or who moved to a new residence were switched to the monthly plans, even though AT&T had said the “grandfathering” policy would continue to apply in these situations.

Under the terms of today’s Consent Decree with AT&T, the company has agreed to make a voluntary payment in the amount of $700,000 to the U.S. Department of Treasury and refunds to individual customers. AT&T has also agreed to an extensive compliance plan, which includes: consumer notification, training of customer care representatives, and periodic compliance reports to the FCC. AT&T must also conduct additional searches of its records to identify improperly switched consumers and ensure appropriate refunds.
 
"We" all say that. In many businesses it rarely happens or it is rarely implemented as well as you'd want it to be.

Agreed. I didn't quite write what I was thinking, which was that I found it funny to have the FCC order AT&T to train their CC staff (or at least it can be read as that).
 
I saw this over on DSL Reports this morning. I'm sort of surprised it hasn't gotten more play than it has. This is a big B-slap to AT&T for screwing around with forcing unlimited users off the plan for dozens of questionable reasons.

I left AT&T over being one of those (my 'problem' had to do with them defining "tethering" as a Bluetooth connection to a Jambox speaker) customers impacted by their shenanigans. I'm VERY happy on Verizon and have no desire to come back to AT&T (would have left them at end of contract period anyways....better voice reception). But I wonder if I'm entitled to any refund from this ruling?
 
Why does AT&T have to refund anybody? If they pushed you onto a tiered data plan that you didn't consent to then by all means you should have the right to get back onto the grandfathered plan. What frustrates me is that these people KNEW that they were switched onto the tiered plans and decided to use more data than the tiered plan offered without being billed for going over. They knowingly used the extra data.
 
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