@jbtaylor on tech

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What Journalists Don't Understand About Consumer Privacy Laws

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The Oct. 29 New York Times has a story about a T-Mobile customer whose cell phone was stolen when they were traveling outside of the U.S. for work. The customer immediately reported the phone as stolen, but still got hit with a $25,000 phone bill.

The customer and the reporter were wondering exactly how that could have happened. All good questions, but what the reporter doesn't understand is that privacy laws prohibit what that T-Mobile spokesperson can say about the incident.

Even though the customer share a copy of his invoice with the New York Times, privacy laws prohibit T-Mobile from answer questions about it.

And I can tell you, when you're the PR person handling a reporter's questions, journalists tend to believe you're lying when you say this. They're asking very reasonable questions and they're not sure why you don't answer them.

The truth is you can't.

The other thing you can't do is dispute what a customer has told a reporter. So when the reporter has heard only one side of the story, it's difficult for them to do their job.

In this particular instance, where the $25,000 bill was incurred in three days, T-Mobile's lawyers did allow the PR representative to say that bill skyrocketed because the thieves used it for conference calling, but that's all the PR rep. was allowed to say.

So here's what else the reporter and the readers of this story don't likely understand. In this case, the T-Mobile system detected the fraud and automatically shut off the phone before the customer reported the phone as stolen.

So why did the T-Mobile billing system still issue an invoice? My guess is the fraud detection system isn't integrated with the billing system and I'm betting that the billing cycle for the customer coincided with the false charges. (And I bet integrating the systems would cost tens of millions of dollars to complete.)

So when the customer called Care, I'm betting that the poor care rep. was just doing their job and didn't escalate the customer to a manager who could have investigated further, and realize that invoice was issued in error.

All that said, that's just my guess.

I don't believe anyone at T-Mobile ever expected that bill to be paid and I'm sure the PR person wanted desperately to tell the reporter the whole story, but privacy laws prohibited that from happening.

In fairness to T-Mobile, the customer was not held responsible for the bill. But I do have to wonder, if the reporter knew a bit more about the privacy laws that govern the wireless industry, as well as the complex wireless billing systems, would he still have chosen to write this story?

There's No Such Thing as a Free Lunch or a Free Conference Call

My friends who work in non-profits know how to stretch a dollar. That's why they were pretty excited when they found out they could obtain "free" conference calling services for their work.

The problem is these calls aren't really free. The carriers who market this service to non-profits are exploiting a loophole in the system that telecommunications companies use to pay one another for voice traffic delivered from one telecom network to another. If regulators allow this practice to continue, it could jeopardize the ability of your mobile carrier to continue to include unlimited long distance as part of your wireless call plan. 

Fortunately, this week, state regulators in Iowa took a strong step to stop this abuse. In a decision announced on Sept. 21, the Iowa Utilities Board ruled against the telecom companies who have exploited the loophole. At one point in the order, the Board had some pretty strong words for the firms who've abused the system. The Board said: 

Moreover, the Board finds that the acts of some of the Respondents regarding backdating of bills and contract amendments to make the contracts and bills look like they were older was an abuse of a generally-accepted practice. The backdated documents were created to conceal truths from the FCC and this Board, calling into question the credibility of all of the testimony and supporting documents attributed to those Respondents.

The Board also said that some of these companies, "attempted to manufacture evidence to make it appear that they had complied with their tariffs when they had not."

That's why the Board ordered these firms to refund the money billed to AT&T, Qwest and Sprint Nextel.

At Sprint, we think that the Iowa Utility Board has made the appropriate decision – one that is based on the facts, data-driven and rendered from the most complete record of testimony before any regulatory body in the country. We believe the Board’s decision provides a blueprint for other state regulatory utility commissions, courts and the FCC to resolve these longstanding disputes.