2. Consumer Perspective

The Commission's constitutional, statutory, and policy directives all accord consumer protection the highest priority. On the issues of unauthorized transfer and billing, attaining the objective of consumer protection requires an understanding of the impact that these unscrupulous practices have on consumers.

Certainly, being served by an interexchange carrier other than the carrier of choice can result in the consumer paying higher rates. In the comments in this docket and others, however, we have learned that consumers' dissatisfaction goes beyond just financial loss. Consumers abhor being removed from their carrier of choice and being forced to take service from another carrier. For example, a customer testified against a carrier accused of slamming that he would never switch from his carrier of choice because many years ago an international operator for this carrier had been instrumental in locating a family member in a country disrupted by war. In another docket, a representative of Hispanic customers explained that these customers are more offended by the lack of respect slamming shows than by the financial loss it may impose. Thus, consumer protection requires consideration of more than just the financial issues.

Consumers have also presented the Commission with a well-harmonized chorus of complaints about the time and effort involved in detecting and correcting unauthorized billing. Consumers have difficulty in deciphering the abbreviated and often cryptic information presented on their bills which does not clearly identify either the product or the provider. When consumers are certain that they have been billed for unauthorized charges, making corrections requires an odyssey of confusing voice mail menus, alternative phone numbers to call, unreturned calls, and endless loops of "musak" while on terminal "hold." Consumers are deeply frustrated and annoyed by the time and aggravation necessary to correct unauthorized charges. Their annoyance and frustration escalates when, after having invested the time and effort necessary to gain access to a carrier representative and being assured that the charge has been reversed, the unauthorized charge tauntingly reappears on the next bill. We have also heard consumers state on more than one occasion that they have paid exorbitant and unauthorized charges of up to $900 because they believe that they must pay all billed amounts or risk being disconnected from local service.

Adequately protecting consumers requires that we address these issues. As discussed below, the Legislature adopted new laws that imposed duties on parties to billing agreements and gave the Commission enhanced jurisdiction to impose further duties and sanctions, where necessary. We intend to use our extant jurisdiction and new authority to further protect consumers.