Month: August 2009

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When Written Permission Can be Oral!

There is good news this week for everyone who has been annoyed by receiving prerecorded telemarketing sales calls (“robocalls”) at dinnertime, even if you are on the “do not call” list. Starting September first, an amendment to the FTC’s Telemarketing Sales Rule requires telemarketers to get your express written permission before they can make such calls. This even applies to people who are not on the “do not call” list.

Sounds great, right? Who is going to fill out a form, sign it, and mail it back indicating they want to get junk phone calls? Very few people. But leave it to lawmakers to be hip and allow “electronic signatures” to substitute for ones on paper under the so-called E-Sign act.

*MOUSE PRINT: What is an electronic signature?

The E–SIGN Act defines an ‘‘electronic signature’’ as ‘‘an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.’’ 15 USC 7006(5). The Act further defines an ‘‘electronic record’’ as ‘‘a contract or other record created, generated, sent, communicated, received, or stored by electronic means.’’ 15 USC 7006(4).

So one might think that typing “John Doe” on a website is an electronic signature, and you would be correct. But things you would never expect to constitute a “written signature” qualify also.

*MOUSE PRINT: The following types of things would also qualify as an electronic signature, depending on the wording:

  • Clicking a link in an email
  • Clicking a “yes” button on a website
  • Pressing a key on a touchtone telephone
  • Orally saying “yes” in a telephone call that is recorded

    • So, getting you to agree “in writing” to receive robocalls may be easier for a telemarketer to accomplish than you originally thought.

    One method that would not comply with the law is to bury a statement of your agreement to receive such calls in a contract, such as in the terms and conditions of a credit card agreement. For example, last week, Chase sent some card holders a notice of change in terms, but it is not an acceptable method of gaining your written consent to receive robocalls:

    *MOUSE PRINT:

    “You authorize us, or anyone acting on our behalf, to call or send a text message to any number you provide or to any number where we reasonably believe we can contact you, including calls to mobile, cellular, or similar devices, and calls using automatic telephone dialing systems and/or prerecorded messages,or to send an email to any address where we reasonably believe we can contact you.”

    Chase and most others, however, are allowed to call you using a prerecorded message that is informational in nature (rather than sales-oriented), such as providing a balance update or a reminder that a payment is due soon.

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    T-Mobile to Charge for Paper Bills

    If you are a T-Mobile cell customer, you better check your August bill for an announcement about a costly new fee.  It will now cost you $1.50 a month for a paper “summary” bill.  And should you want a detailed paper bill, that will be $3.49 a month.

    *MOUSE PRINT:

    “After considering a number of factors including rising costs for paper, printing, and postage, as well as environmental impacts associated with printing paper bills, T-Mobile has started to charge customers who would like to receive a paper bill. The charge does not directly reflect our costs of printing and distributing bills. The company has provided alternative options for our customers to receive the information on their bills and continues to promote paperless billing as a “free” option (www.my.t-mobile.com or www.t-mobile.com/billingupdate)

    Beginning with August bills, current T-Mobile customers will receive notification that provides them with instructions on how to “opt out” of the paper bill charge by receiving a paperless, electronic bill. If customers do not sign up for paperless billing, then those receiving “summary” paper bills will begin to see a charge of $1.50 on their bills after September 12. Customers who currently receive “detailed” paper bills will see a $1.50 charge for the paper bill, in addition to the existing $1.99 charge for detailed billing information (totaling $3.49). 

    Most new customers will see a $1.50 paper bill charge on their first bill — this charge will be credited for their first month, allowing customers time to opt out if they wish to receive paperless bills free of charge.

    Certain T-Mobile customers are exempt from this charge, including prepaid and government customers, among others.”  [As reported by PhoneScoop.com]

    So, if you are in the habit of tossing out bill stuffers, or not reading the notices printed on your bill, you could be in for an expensive surprise unless you opt-out of paper billing and opt-in for online billing.

    While other carriers like Verizon and AT&T already charge $1.99 a month for an itemized cell bill, their summary bills are apparently still free. T-Mobile appears to be the first to charge a fee for a paper bill, no matter the type.

    WARNING: This blog is NOT the way to communicate with T-Mobile. It is not related to T-Mobile. If you are trying to elect the free billing option or complain about the new charges for paper bills, call the customer service number on your latest bill. Do NOT post your phone number here.

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    British Airways Screws Some Frequent Fliers

    A friend recently flew from Boston to London on British Airways. He got a very good fare after tinkering around online. To his surprise, however, when he checked his frequent flier mileage statement, he only earned 817 miles in each direction.

    We all know that the world is getting smaller, but since when is London only 800 miles from Boston. Thinking an error was made, he contacted the airline. The result?  He got what he was entitled to under their rules:

    *MOUSE PRINT:

    bafreq2

    [ Details on the BA website. ]

    One-quarter of one mile for every full mile flown? Whoever heard of any airline giving you less than one frequent flier mile for each actual mile flown?

    The lesson — don’t assume  that all airline programs work as you expect.