ALJ/JRD-MOD-POD/sid Mailed 7/22/2002
Decision 02-07-034 July 17, 2002
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Investigation into Accutel Communications, Inc., d.b.a. Florida Accutel Communications, Inc. (U-5865). |
Investigation 99-04-023 (Filed April 22, 1999) |
Early, Lennon, Peters & Crocker, by David Crocker,
Attorney at Law, and Lawrence Brenton, for
Accutel Communications, Inc., respondent.
Cleveland Lee, for the Legal Division.
Summary
This decision finds that Accutel Communications, Inc., (Accutel) is in violation of three sections of the Public Utilities Code, as well as two general orders of the Commission.
In violation of Pub. Util. Code § 451, Accutel billed at least 43,992 California customers for products or services which were either not ordered or not authorized by those customers. This is a practice referred to as "cramming" for which Accutel is additionally found to be in violation of Pub. Util. Code § 2890. However, many customers have already been reimbursed for charges unlawfully billed.
We also find that Accutel is in violation of Pub. Util. Code § 2889.5 in that Accutel switched without authorization the long distance carrier of at least 34 California consumers. The practice of switching, without authorization, a consumer's presubscribed toll call or long-distance carrier is referred to as "slamming."
We also find that Accutel failed to comply with the reporting requirements of General Order (GO) 96-A and GO 104-A.
Based on the totality of the circumstances, Accutel is ordered to pay a fine to the State of California's General Fund of $1,520,000 of which $760,000 is suspended.
