Ringtone FAQ
1. If I disagree with a ringtone (or other third-party charge) on my wireless phone bill, to whom do I complain?
Based upon California law, you have the right to complain directly to the phone company, which is required to investigate your complaint when there is no proof you authorized the charge. Complaints whould be done by phone and followed up in writing a dispute letter sent certified receipt requested. Unauthorized charges are called "Cramming" and are illegal. You also have the right to call and write complaint disputes to the phone company's billing agent (if different than the phone company), as well as directly to the ringtone, screen-saver or other service provider. If "Cramming" has occurred, you are advised to file an on-line complaint with the California Public Utilities Commission. You are adivsed to print a copy of this complaint and to make sure you know the time and date it was sent.
2. Do I have to authorize the wireless company to put these kinds of charges on my bill?
This is a complicated question because of the way cell phone contracts and terms and conditions on their web sites are written. The surface answer is Yes. But the reality is that the basic premise cell phone companies have is that you automatically "opt-in" when you sign up for service. Therefore, you must immediately "opt-out" and have all Internet access blocked if you do not want to end up fighting unathorized download or text messaging charges. If you sign up for a "free" ringtone or screen-saver, you must "unsubscribe" to that service or the downloads will continue to be delivered even though you have blocked Internet access; not allowing you to see what is sent. All of the major third party companies provide a way for you to cancel/stop the downloads immediately. You may have to go to their web site and follow the directions or you can unsubscribe right from your cell phone. If you want to use Internet access on your cell phone, sign up for ringtones, screen-savers and other options, you should request a cell phone plan that includes a flat monthly charge. Read your contract terms and conditions very carefully before you sign!
3. Can I revoke my authorization to allow subscriptions to ringtone, screen-saver, and other optional charges on my cell phone bill?
YES. You may demand that future charges not appear on your cell phone bill by simply calling your cell phone company and following the suggestions above. You will need to revoke your authorization for ANY monthly subscription you want excluded from your phone bill to the company and by unsubscribing to the service(s) as stated above. The phone company must subsequently remove any monthly download charges from your phone bill, despite the fact that you originally authorized it.
4. Can the wireless company try to collect on these kinds of charges if I contest them?
MAYBE. The wireless company MUST make proof available to you that you 1) authorized the wireless company to put the charges on your bill generally, and 2) that you specifically authorized the charges from the ringtone, screen-saver, or other provider. Without proof of authorization, the cell phone company is required to credit your account for the charge immediately and remove charges from your bill.
5. Can my phone be disconnected if I contest these charges?
NO WAY. Your phone's service may not be disconnected or suspended for failure to pay non-basic phone charges on your telephone bill. On every bill containing "other" charges, and at any time your phone company is discussing non-payment of these other charges with you, the phone company is required to notify you clearly of your right to continue phone service despite non-payment of these unatuhorized and disputed charges.
6. Where on the Web can I find the specific rules that apply to the wireless company and the third-party that is charging me for these services?
Read General Order 168, the specific law regarding download or other optional charges. Also, see the Telco Consumer Protection Initiative.
7. Are there other customers who are being scammed by these ringtone companies?
YES. UCAN has received complaints regarding abuse of customers' phone bills for ringtones, screen-savers, unauthorized text messages, etc. There are complaints against ringtone companies throughout the United States as well as other regions of the world. There are also numerous lawsuits that have been filed against ringtone, screen-saver, and other download services. As customers continue to file on-line complaints with the CPUC at www.cpuc.ca.gov and as they report their complaints to companies, consumer advocacy groups and post complaints on web sites dedicated to reviewing and monitoring these complaints, companies will start getting the message that more lawsuits will be filed if the practices don't change. Although the telecommunications protections in California have been drastically reduced in the last two years, the "cramming" protections remain in place as an illegal act under CPUC Codes 2889.9 and 2890.
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Ringtone scam Flycell.com
A nearly identical experience happened to me today. I was looking for a particular classical song for a ringtone when I encountered this website, Flycell. com. I typed in the title and then provided my cell phone #, carrier, and model number. THAT'S ALL. I AUTHORIZED NO CHARGES, NOTHING. I just wanted to know IF they had the ringtone. In that case I would have been happy to pay for it. Next thing I know I get a text message that sounded suspiciously like I was going to be charged $9.99 for a "package" of 20 credits. Sure enough, my carrier told me that this was so and that I would have to resolve it with the website. I'm not really angry at them, but I'm livid with the website. I filed a complaint with the FCC and emailed the site, telling them that and demanding a credit or refund. Their phone system is totally automated and no human answers it. Now I see why. I "unsubscribed" but still will be charged the $9.99. Now it is not logical to think that someone would be charged a fee JUST to inquire about a product. No legitimate business would do that, and neither would they attach charges that are not clearly stated. This website deceived me into paying them $9.99 for nothing, for they have nothing I want. Even if they did I wouldn't patronize them. It's not even the money that enrages me -- it's the idea of it. So, NEVER give a ringtone website your cell number. They don't need to know that just to answer your question or look up a ringtone. For that they only need your carrier and phone model number and that cannot charge you with only that information.
dada.net scam
Here is the text of a fax that I sent to dada.net. Please advise on what further action I can take.
March 25, 2008
Massimiliano Pellegrini, CEO Dada US
Dada.net
PO Box 667
New York, N.Y. 10012
1-212-925-0269
As a parent, I am deeply disturbed by your company’s business practices. My minor child visited your web site and was under the impression that he could receive 10 free ringtones by entering his cell phone number and then entering the pin number that he was sent by text message. I looked at the site with him and did not see any language that would lead us to believe that we would then immediately be charged a fee of $9.99 for a service that we had no intention of subscribing to. I then immediately contacted your customer service department and explained the situation to them. The phone conversation I had with a supervisor/manager in your customer service department in India was surreal and by far the most disturbing phone conversation I have ever had with a customer service representative from any company that I have dealt with. First of all, I expect that if I contact a customer service representative, that I have the right to speak with someone who speaks English fluently and clearly. Secondly, when I was on the phone explaining to the representative that my minor child had been charged $9.99 and that I believed that your company was utilizing questionable business practices, I certainly did not feel that the customer service representative somehow then had the right to comment on my parenting and tell me that it was my responsibility to monitor my child’s phone use. The second that my child realized that he had incurred a charge, he asked me for help to try and solve the problem. I looked at the website and saw how easily he could have been confused and why he was under the impression that he was just registering for the opportunity to receive 10 free ringtones. Your customer service manager, “Larson” repeatedly told me that I had failed in my parenting responsibilities by not monitoring my child’s phone and internet use. I believe that it is your company’s responsibility to clearly state that the consumer is registering for your service and that the 10 free ring tones are not being offered independently of a paid subscription service. This needs to be clearly stated and not something that is found in the small print in a jumble of legal disclaimers in the user’s agreement. There are literally tens of thousands of complaints by other consumers regarding the false claims made by your company and it appears that very little has been done by your company to make this right.
I have contacted our mobile phone carrier regarding your company and the charges made to our account and the customer service representative told me that they consider your business practices to be deceptive and that your operation is considered a “scam” by the carrier. In addition, she immediately removed the charge from my account and instructed me on how to prevent your company from making any further contact to my child’s cell phone number. She also, on her own initiative, “blacklisted” your company from our account. Clearly, your business practices are considered deceptive and unethical by the cellular community at large and need to be closely examined and corrected if you do indeed desire to be a well respected corporation as stated on your website.
If you truly are reputable, you must make arrangements to immediately credit back and/or reverse charges that were made to cellular phone accounts when requested to do so by the consumer. I really don’t believe that your company does not possess the ability to do this currently. Your customer service representative stated that they could send us a check but that the charges could not be reversed. This seems like plain old poor business practice to me; doesn’t it cost your company more than $9.99 to process a refund check????
Your response to literally thousands of complaints on an internet website states,
We have improved our help-line services so that if you have a complaint about our services you will find an informed, courteous and responsive person on the other end of the line to try and help you. Call our customer service help-line at 888-214-0381 and you’ll see!
I certainly do not believe that your customer service manager was informed, courteous or responsive. How can you believe that someone who speaks English with such a heavy accent that they are nearly impossible to understand could be referred to as informed? It is deeply upsetting to me that your customer service manager felt entitled to use a condescending tone with me when I asked for him to repeat what he was saying because it was nearly impossible to understand him because of his heavy accent. At several points, I had to ask him to spell words because I had no idea what he was saying. Your customer service manager resorted to yelling at me on several occasions as if simply speaking louder would help me to understand him.
In addition, a customer service manager making judgmental and inappropriate comments to me as a parent is certainly not acting courteously. The only responsive behavior on the part of your customer service manager was to repeat over and over his commentary on my parenting behavior. When I told your customer service representative that he had no right to comment on my parenting, he continued to chant like a mantra that it was my job to monitor my child’s phone use. I am incredulous and I cannot even begin to express to you how angry I am about this encounter and your customer service manager’s behavior.
Your response on the above mentioned internet forum also states,
But we hope it is clear that our business will grow when we have satisfied customers, so that’s our primary goal. And, by the way, we do have hundreds of thousands of customers who
never complain. Can we do better? Always. Do we listen to you? Always.
That’s why we’re here, in this forum.
It is my sincere hope that you will address my complaint and that you will stop your deceptive business practices and make it clear on your internet site that the 10 free ring tones are part of a subscription package that cost $9.99 per month. It is also imperative that you instruct your customer service managers to refrain from making judgmental remarks to a parent who is trying to make right a situation involving a minor child that is the result of deceptive business practices on the part of your company! I took the initiative to address the issue immediately only to be treated with disrespect by a manager who barely speaks English. If you are really committed to doing better and listening, then you really need to examine what many feel to be deceptive business practices and to examine your practice of contracting out your customer service to a company that doesn’t make an effort to put people on the phone who speak English clearly or that are courteous. The deceptive business practices by your company, the comments made by your customer service manager and the frustration in not being able to understand what he was saying made me so angry I found myself in a shouting match with your customer service manager! When given the opportunity to apologize for making such rude remarks regarding my responsibilities as a parent, he simply repeated his comments more loudly. I am disgusted!
My experience with your company has been a negative one and I cannot ever imagine myself doing business with your company. It certainly has never been my experience as a consumer, ever, to have a customer service representative believe that they have the right to tell me how to parent my child. I hope that you will address “Larson’s” behavior and ensure that this does not happen again. In addition, it is my sincere hope that you will become a company that prides itself on fair and honest business practices and that you will reduce by one, the number of predatory companies out there that make us all wish that we could something to stop all of this nonsense!
Ringtone scam dada.net and Verizon
After switching to Verizon, I was offered free trial of data service for 1 month. I received a message re free ringtones, which I opened, with the understanding that it was free. I never subscribed to anything for which I approved charges to my account. I did not receive free ringtones. Instead there was a $9.99 charge on my Verizon bill. Verizon refused to credit the unauthorized charges. They said I needed to contact dada.net for that. Dada.net refused the credit, insisting that the service was subscribed to. I have had the same phone # with Sprint and US Cellular, and never had this problem before. It is obviously a scam, and it appears that both Verizon and dada.net are involved in the scam. I plan to follow up on this issue again with both companies and the Better Business Bureau, with the expectation of a full credit to my account.
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