The FCC has a poor record of actually collecting money from Notices of Apparent Liability (i.e. fines). There are flaws in the FCC notification rules, but it does have some rules requiring indpendent verification of carrier changes.
FCC Fines Tele Circuit $4,145,000 for Cramming & Slamming Violations
FCC fines Tele Circuit Network Corporation $4,145,000 for switching consumers from their preferred carrier to Tele Circuit without permission and adding unauthorized charges to consumers' bill
In this Order, the Federal Communications Commission (FCC or Commission) adopts the findings in the Notice of Apparent Liability (Tele Circuit Notice or Notice) that Tele Circuit Network Corporation (Tele Circuit or Company) engaged in slamming and cramming, made misrepresentations to consumers, and violated a Commission order by failing to produce certain information and documents relating to the Company’s business practices. The Company’s misconduct harmed elderly and infirm consumers, in some cases leaving them without telephone service for extended periods of time—with Tele Circuit refusing to reinstate service until the crammed charges were paid in full. These practices violated sections 201(b) and 258 of the Communications Act of 1934, as amended (the Act), and section
64.1120 of the Commission’s rules. After reviewing Tele Circuit’s response to the Notice, we decline to find that the Company violated section 1.17(a)(2) of the Commission’s rules and reduce the proposed penalty by $1,178,322, and therefore impose a forfeiture of $4,145,000.
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In particular, Tele Circuit did not provide proof that the complainants listed in the LOI authorized Tele Circuit to switch their long distance carrier. In response to the LOI, Tele Circuit did produce some third-party verification recordings,31 which are supposed to provide evidence that customers assented to changing their long distance service from their existing carriers to Tele Circuit. However, some complainants who listened to the recordings alleged that the third-party verifications were falsified. In all, the Bureau reviewed more than 100 written consumer complaints, contacted numerous complainants, obtained
substantial documentary evidence (including copies of consumer telephone bills), listened to third-partyverification recordings, and received data from consumers’ carriers.
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Tele Circuit switched the telephone service of 24 consumers without verified authorization to do so, in violation of section 258 of the Act and section 64.1120 of the Commission’s rules.
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