4. Witnesses Presented

4.1. UCAN

UCAN's executive director, Michael Shames, testified regarding the consumer impact of Pacific Bell's sales and marketing plans. UCAN witnesses Charles Carbone and Danial Saban testified about contacts with Pacific Bell's customer service representatives. UCAN witnesses Patricia Greenan and Janet Spector provided their observations from their jobs as Pacific Bell employees. UCAN's final witness was Beth Givens, founder and director of the Privacy Rights Clearinghouse.

4.2. Greenlining

Guillermo Rodriguez, Latino Issues Forum board member, testified on Latino customers' reaction to Pacific Bell's marketing. Michael Phillips, former banking executive and author of numerous books on finance, economics, business development, and marketing, analyzed Pacific Bell's marketing and outreach programs with respect to optional products, such as Caller ID and Anonymous Call Rejection, and packages of enhanced services known as "The Basics," "The Basics Plus," and "The Essentials." Roxanne Figueroa, Paul Correa, and Jose Gutierrez testified on their respective phone service orders. Greenlining's executive director, John Gamboa, testified that "high-pressure sales tactics exploit the fact that limited English speaking customers are eager to please and complain far less frequently than fluent English speakers."

Henry Der testified on the effect of Pacific Bell's marketing practices on the Chinese community. Nghia Tran testified on the effect of Pacific Bell's marketing practices on the Vietnamese community. Bill Ong Hing, professor of immigration law, explained immigrant communities' vulnerability to high-pressure sales techniques.

4.3. ORA

Kelly Boyd, a public utilities regulatory analyst employed by ORA, testified that she participated in monitoring of customer telephone calls to Pacific Bell. Based on these phone calls, she concluded that the pressure Pacific Bell has put on its service representatives to sell products puts the customers' privacy, and potentially, safety, at risk, and significantly interferes with providing customer service.

4.4. TIU

TIU's president, Alicia Ribeiro, testified that after Pacific Bell merged with SBC, the company began implementing a new sales policy and program which emphasizes sales over service and fundamentally changes the essential function of the service representative position from customer service to sales. Sharon Bogisich, Pacific Bell service representative, testified about the new requirements for her job. Specifically, she must now offer certain services on every call, regardless of customer need, the highest cost packages of services first; overcome customer objections to those offers; fall back to lower cost packages only after customer rejection; and observe prohibitions and restrictions on disclosure of relevant and complete information. Bogisich believes these job requirements place the service representative in an adversary role to the customer. Carrie Pelinka and Rose De Trinidad, Pacific Bell service representatives, provided testimony that echoed Bogisich's. Diane Greene, Pacific Bell service representative currently assigned to the Bay Customer Appeals Team, concluded that the package sales complaints she handles are not the result of mistakes by the customers, but are due to customers simply not knowing that their account has been charged for several services.

4.5. Pacific Bell

Jewell Stoddard, director of Pacific Bell's Consumer Markets Group, presented testimony on service representative practices and procedures. Mark Pitchford, vice president of marketing for SBC Services, Inc., offered testimony to rebut complainants' concerns regarding marketing practices for Caller ID, Blocking, and the use of customer information. Michael P. Grasso, director of market management for SBC Operations, Inc., addressed marketing to ethnic communities. Carol A. Scott, professor of marketing, testified about Pacific Bell's marketing efforts and customer satisfaction ratings. Denise M. Gilley, Pacific Bell consumer markets group vice president, explained that Pacific Bell employees are subject to a code of business conduct which requires all managers and service representatives to deal with customers courteously, accurately, and truthfully.

4.6. Wallace Roberts

Roberts intervened in the proceeding as a party and stated that he is a subscriber to both Caller ID and Anonymous Call Rejection. He has found these services to be invaluable in protecting and enhancing his and his family's privacy.

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