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Slamming
Every year thousands of American consumers have their telephone service provider changed without their permission. This illegal practice is known as "slamming." The FCC is committed to working with local and state government agencies to eliminate the practice of slamming. Below is some "News You Can Use" to combat the slammers:
Slamming is the illegal practice of changing a consumer’s telephone service without permission to do so. The FCC has rules that both prohibit this practice and provide a remedy if you have been slammed.
Your rights will vary depending on whether you have or have not paid the bill of the carrier that slammed you.
If you have not paid the bill, you do not have to pay anyone for service for up to 30 days after being slammed. This means that neither the authorized telephone company (i.e. your usual carrier) nor the slamming company (i.e. the imposter) must be paid. However, you must pay your authorized company for service beyond the 30-day period.
If you have paid the bill, the slamming company must pay your authorized company 150% of the charges it received from you. Your authorized company will then reimburse you 50% of the charges you paid to the slamming company.
First and foremost, you should always examine your phone bill thoroughly; this is a surefire way to catch any problem in its early stages.
You should also be aware of ways in which companies may legally gain your consent to a change. For instance, a company may mail you a Letter of Agency (LOA) to verify that you would like to switch to a new service. This LOA is only valid if it is clearly identified as an LOA and if you have signed and dated it. You should only sign an LOA if you are absolutely sure you would like to change services.
A phone company can also solicit your business either over the phone or electronically. Any company that does so must then verify your consent to change by asking you to independently confirm your order. Companies often do this by asking you to call a toll-free number or by using an independent third-party to verify your request.
Slammers will sometimes try to get your consent to change your telephone services provider by including the terms of an LOA in prize packages or contest material to which you are asked to respond. However, an LOA is only legal if it is a separate document and clearly identified.
Some long distance companies gain consent by sending checks to consumers as an inducement to switch services. When this check is signed and cashed, it is a legally binding change request if it includes the required LOA language in bold type on the front and near the line on the back of the check where you will endorse it.
You should call the slamming company and tell them that you want the problem fixed; if you have not paid your bill, tell them you will not pay for the first 30 days of service.
You should also call your authorized phone company (local or long distance) to inform them of the slam. You should tell them that you want to be reinstated to the same plan you had before the slam and that you want all "change of carrier charges" (charges for switching companies) removed from your bill.
Depending on where you live, you may be able to file a complaint with your state regulatory commission- it may be named the "Public Utilities Commission" or the "State Corporation Commission." If the commission does not handle such complaints, call the office of the state’s Attorney General. The state Consumer Affairs Office may also be able to refer you to the correct agency. The numbers for each of these offices can be found in the blue pages section of your phone book. You may also find out if your state handles slamming complaints by checking the FCC web site at www.fcc.gov/slamming/. If your state does not handle slamming complaints, you can file your complaint with the FCC.
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