3. Description of the Settlement Agreement

The settlement agreement is a thorough, well-written, and clearly organized document. It systematically reviews all issues raised in the OII as well as others discovered during CPSD's investigation, and provides detailed investigative background and specific factual and legal resolutions of each issue. For example, on the issue of automated third-party verification, the settlement agreement specifies the time period during which Vycera's independent third party verification company used the subscriber's telephone keypad "push button" responses to verify some, but not all, verification questions. The settlement agreement further includes the date on which Vycera directed its verification company to cease such practices, and Vycera's commitment to not use these procedures in the future.

The settlement agreement requires Vycera to pay a fine of $200,000, but suspends $100,000 of the fine during a three-year probationary period. If Vycera successfully completes the probationary period, then the $100,000 is permanently suspended. A key feature of the probationary period is a limit on the number of consumer complaints by Vycera customers to the Commission.¹

The settlement agreement also includes a discussion of restitution. The parties state that they have reviewed the complaints received by the Commission as well as Vycera's billing records. Based on this investigation, the parties are satisfied that Vycera has properly reversed charges, issued credits, or abandoned claims for payment where appropriate.