Bill says:

I had a $500 billing dispute with T-mobile. Long story short: I lost my phone. Got a new one through their insurance program that was configured incorrectly (wasn't using WIFI to make free phone calls) and was charged for tons of minutes that should have been free.

After being rebuffed by customer service and eventually having my phone disconnected, I filed a claim with the BBB and then, when that seemingly had no effect, performing an EECB, emailing the CEO, VP of external affairs, and VP of customer service of T-mobile.

The result:

I received a phone call the next day (today) from someone from the T-mobile "Executive Response" team. The woman explained that she was calling because of the email I had sent (EECB = Success!). She then explained that she was surprised that the BBB said T-mobile did not response because they, in fact, had. In addition, she said that she removed the charges from my account almost 2 weeks ago and left me 2 voice mails (which I never received) saying as such. She was very appreciative that I forwarded her the email the BBB had sent me, because she seemed quite anxious to resolve the situation with them...even though they are not a BBB accredited business they still respond to their claims.

Summation: The BBB and EECBs DO work. Thanks for the tips, Consumerist!

For more information about launching your own EECB, click here.

(Photo: cmorran123 )

I have had an Advanta Credit Card for a little over a year now. My interest rate prior to a few days ago was 8%. My credit rating is very good, and I have always made my payments on time. As I was looking over my bill for September I noticed a fee of $75 dollars. A few clicks later I found that my interest rate had been raised to 20%.

I immediately called customer service. The woman I spoke with claimed Advanta had sent a letter informing me about the change in my rate. I told her I never received a letter and wanted to know why my rate had changed. She said she was unable to tell me about the specifics but kept mentioning the economy

So because other people screwed up I am being punished for their mistakes? I informed her that if she did not return my interest rate to 8% I would be writing a letter to www.consumerist.com. She said she could not help me and hung up on me. Not only are they getting more money out of me but they are also hanging up on me!

I then sent an email to customer service asking them for the specific reason my rate was change. If they did not I would write a letter to www.consumerist.com. Well the next day I recieve a personal phone call from customer service. The woman on the line gave me the same run around. She could not tell me why it was raised except the fact that the economy is bad.

I informed her that my other credit card rates had not been changed. Her answer to that was, "Advanta is much more conservative and 20% is the best rate we can offer you." I told her, "You did not offer it to me, you changed it without notification or reason." I told her I will be writing a letter to www.consumerist.com. I thanked her for her time and ended the call.

Why am I being punished for taking responsiblity for my finances?

Joe, you're not being punished, you're just being taken advantage of because Advanta wants/needs more money. We wish threatening to write to Consumerist held more power over CSRs everywhere, but the truth is, most companies don't care that much. We're glad you told us so that we can warn others, but you need to try a different strategy if you want to get back to a decent rate.

To begin with, you should read the details of your credit card agreement to find out your options for disputing the rate increase. In most cases, once you've been notified, you will have to let the company know you reject the increase within a certain number of days (e.g., 30). At that point you should not charge anything else to the card, and you should be able to pay off your existing at the earlier rate.

If, however, you've used the card since being notified of the rate increase, Advanta may take that as your agreement to abide by the new rate. Since you say you never received the notice, you may be able to negotiate a new notification agreement deadline if you contact Advanta and explain that you weren't notified.

You can also call Advanta and tell them you want to cancel your card. They may be willing to renegotiate down to a lower rate to keep you as a customer.

However, your best bet may be to start looking around for another card that can match your 8% rate at Advanta and then transfer the balance over and close the account. Check out Billshrink to see what offers are currently out there that you might qualify for. Even if you can't find another 8% card out there, taking your business away from Advanta to another company for even a moderately lower rate will probably be worth it to you, both financially and for the principle of the matter.

I purchased a Sony Notebook computer from Circuit City and added the CityAdvantage extended warranty when I paid for it. One day it died and would not power up so I sent it in. They sent the computer back to me and denied the repairs stating that the computer shows signs of water damage.

This was April 2008 so I contacted CityAdvantage and the repair center, they said they would email photos of the alleged water damage. I waited 2 months and never received the photos so I contacted them again in June 2008, once again they said they would email photos proving water damage and once again I did not receive them.

In Sept 2008, I contacted them again and requested the photos but this time the person was very helpful and had me hold while they took care of the request to make sure it was done right. That night I received the photos and I am shocked that they are claiming this is water damage. To me it appears to be some type of electrostatic dust attraction rather than water damage. There isn't a single dried up water droplet anywhere!

The type of damage they are claiming would mean that I literally submerged the computer in water. If I had been careless enough to spill water on it, it certainly would not look like this. Just to be sure, I ran the photos by every IT/computer tech geek I could find and all of them said that it is not water damage. Water damage shows up as dried up water spots, calcium deposits, corroded terminals, etc. The circuit board is clean, and as hard as they looked, they could not find a single dried up water droplet either.

As God is my witness, this computer has never seen water. I have a feeling this is a scam to deny warranty claims on computers they can't repair or are too costly to repair. Here is a link to a similar story.

We're not sure the link is much help, because it doesn't have enough details about the "water damage" claim and there are no pictures. But Robert has plenty of pictures of his allegedly damaged computer, which we'll share below. What's your opinion? Does water damage ever look like this, or is Circuit City in the wrong?

Emily says:

On Wednesday, I got bullied into buying a dress that I liked but couldn't really afford. I should have stayed firm, but I caved, and now I find myself in this situation. Even though David's employees claim that you can walk away with any dress in the store, they told me I had to special order the dress I wanted and it would take up to 6 weeks to come in.

It's been 72 hours of thinking on it, and I absolutely have to cancel the order. Since I haven't actually received the dress, I called to see if they would cancel the order and refund the money. The employee said that all sales are final, but that doesn't seem right since I haven't yet received any merchandise. At this point, they have my money AND they have my dress order, but refuse to help a girl out. According to her, once it is in the computer, there is nothing anyone can do. Like she can't pick up a telephone and call the distributor (or, tell the truth that they probably haven't begun processing the order yet at all).

They try to justify it by saying that I have "special ordered" something, so they wouldn't be able to sell it to anyone else. I ordered the dress, but there's nothing "special" about it. I tried the same dress/same (average) size/same color on in-store, and they would certainly be able to sell it someone else (provided they didn't force that customer to special order it as well).

The best they could offer me was an in-store exchange for the SAME amount. They do not issue store credit. They refuse to refund money. In order for me to get a cheaper dress, I would have to wrangle all my bridesmaids to try on dresses on the same day, and order them all on the same day as part of the same transaction to equal the original total. (Thus forcing the girls to get their dresses at this hateful place also.)

I'm considering contacting Visa to do a chargeback, but if the David's policy is "All Sales are Final" - will they be able to do anything?
...

I am planning to meet in person with a manager tomorrow, but for now I have only heard bad things.

There is a fundamental irrational policy problem at this store that is not adequately explained when you purchase from them. Have you heard any positive news of people getting money back from this outrageous company?
Any suggestions?

Emily, when we first read your story, we wondered if the Mail and Telephone order rule that states that orders can be canceled before they are shipped would apply to you, but it doesn't look like it does. (Any lawyers out there want to explain this law?)

We looked at Visa's merchant agreement found a section on merchant agreement violation disputes that says Visa will help mediate conflict over the following issue:

"The merchant has failed to properly disclose their return policy to the cardholder at the time of the transaction."

Since the store did not explain that you couldn't cancel before the order shipped, you could argue that the store did not properly disclose this policy to you.

This type of dispute isn't a chargeback, you'd be disputing that David's Bridal violated their Visa merchant agreement by misleading you about the return policy. If you'd like to read about how Visa deals with these disputes, click here (PDF). (Read the section "When Chargeback Rights Do Not Apply")

Anyone have any luck canceling an order at David's Bridal?

(Photo: foundphotoslj )

UPDATE: Emily was contacted by David's Bridal about this story and they worked out compromise:

I spoke to the person at David's, and she put me in touch with a CSR who after a little phone tag confirmed that they can do a partial refund if no merchandise has been received.

I already have an appointment to go back tonight - and they will theoretically now be able to refund the difference in what I purchase tonight from the original.

Danielle writes:

I am a loyal Pizza Hut follower, even thought I know I probably shouldn't be... it's just what I grew up with.

I spend a fair amount of money with the various stores in my city, and I expect to be treated nicely when dealing with the company. Not like royalty, but nicely.

I get the pizza hut emails because I order online.. I've opted out before, but it seems like every time I order online, I get opted back in.

About a month and a half ago (beginning of August), Pizza Hut emailed me a coupon which was linked to the website "TrialPay". The coupon claimed that if I completed one trial pay offer, pizza hut would send me some free pizza (A medium natural, plus one other medium one topping, plus breadsticks)... it was an amazing deal, and immediately some "too good to be true" bells started going off in my head. So I went to Pizza Hut's website, and sure enough, the coupon was there as well, linked at the very top of their "Deals" page, where all their coupons are displayed.

So happily, I clicked away, chose an offer (a free trial of a Rhapsody account, followed by a paid subscription), and had it complete (I then went back and canceled the membership with Rhapsody, because their selection was terrible, but I was within the rights of the TrialPay agreement to do this). I got an email from TrialPay, saying I had completed the offer fully, and it provided a link to the Pizza Hut website, where I could redeem my "prize". I clicked the link and followed the instructions in the email, and when I went to check out I saw I was being charged ten dollars.

According to the coupon, everything was included, tax and all.. the only extra charges would be for substitutions (none), extra toppings (I didn't order any), or delivery (the order was for carryout).

Seeing that this was a mistake, I called TrialPay's customer service and asked them to confirm that the bundle was indeed, free, and that I had completed the offer correctly. The nice lady I talked to said yes to all of these things, and even said that it was OK that I had canceled my Rhapsody membership.. I still got credit for completing the offer.

She suggested that it was probably a problem on Pizza Hut's end, so I decided to call their 1-800 number. I spoke to a nice young man who had -no- idea what coupon I was talking about, so he offered to transfer me to his supervisor. I agreed. I then started the customer service call from hell. Throughout the conversation, which ended up lasting just under an hour, I was put on hold several times, without warning, for five to ten minutes at a time. The woman was also rude, and belligerent.

The woman I talked to claimed that I was "making the coupon up" (her words), and that I was "complaining about a legitimate charge". I then asked her "If it's legitimate, what is the ten dollar charge for, then?". Her offer was that it was for delivery fees and taxes. I told her "The order is for carry out, and it breaks down the sales tax separately.. the sales tax is only a dollar or so of the charge.. what is the rest of it?" She couldn't tell me. She claimed the coupon didn't exist, and that it wasn't sanctioned by Pizza Hut.

I asked how the coupon got emailed to me, in a Pizza Hut newsletter, and how it was linked on their website, and how their website recognized the coupon then...

She said "If you read the fine print, it says the two companies aren't connected, and that we have no responsibility regarding the coupon".

I said "That would be all fine and well, expect -your company- is who sent me the coupon. Hence, I want it honored, and honored properly."

She then proceeded to stonewall me some more, until I got her to agree to pull up the website, using my address, and see the coupon on it.

She did this, and admitted that she saw the coupon, and said I still had to pay the ten dollars. I staunchly refused, and demanded what the coupon promised. I felt stupid arguing over free pizza, but at this point I was rather upset.

She called me a liar. Straight out. She said "M'am, you're lying about what the coupon promised" with the coupon that lays it out right in front of her.

Eventually I got her to call my local store, and get the charges taken off, and I got my pizza. It was a major hassle, and the store manager at my local store was none-too-happy to remove the charge and hand me a free pizza, despite admitting that the customer service rep told him to do exactly that.

Upset over this experience, I filled out the "Comments, compliments, and complaints" form on Pizza Hut's website, detailing the experience, and typing into the comments box "I want to be contacted by a manager" as well as checking the box that indicated that I would like to be contacted.

A week passed, and no call had come for me. So I called back the 1-800 number, and told the rep that I hadn't got my call back, and I would very much like to be contacted by a manager. He apologized and offered to put me back in the queue to be called. I agreed, and he told me I would be contacted within 3 business days. This was a Friday night.

Next Wednesday night, no call had come. So I called the 800 number yet again, more upset this time. The woman I talked to said it was "all she could do to 'escalate' my problem, and put me back in line to be called." I said that was fine, I supposed, since that was probably really all she could do. I then asked when I should expect my call by. She said "the end of the week, for sure".

The end of the week came, no call. That was two weeks ago. I call the 800 number once every three days to let them know I still haven't been called back. I've talked to the manager of the call center. He says he has no contact information for the manager of my district (the man who is supposed to be calling me). All they can do is put me back in line to be called.

I ended up ordering from Pizza Hut the other night, paying in full this time, and the pizza I had delivered was cold when it arrived, and rather sauceless. Upset, I decided that since I already had plans to call the number, I would just tell them about this then. I told them about the cold pizza, the man said he was "documenting the complaint" and that I would be contacted. I laughed at this, and asked if it would be ok to contact my local store myself if the issues wasn't resolved (aka, I didn't get my call back). He said I "shouldn't do that", and that the hotline was for complaints.

Three days later, still no call on either of my complaints, I was about at the end of my rope.

I called my local store to ask if they had the number for the corporate office. The lady read off the same number I've been calling for weeks. I told her they weren't helping me.

She asked what the issue was, and I told her one issue was with the customer service people and a coupon, and that there was nothing she could do about it, but that the other issue was with a pizza her restaurant had delivered.

She told me she could help with that issue, so I told her what had happened. I ended up talking to her manager, and he told me he could give me some partial credit for the pizzas, for next time I ordered, and apologized they had been sent out that way, but said that there was nothing more he could do because I'd waited so long to complain.
I told him I had actually complained that night, to the customer service line posted on Pizza Hut's website, and that they had told me -not- to call the store.

He said I should -always- call the store if I have issues with the pizza, so that I can get a speedier and more helpful response.. the store has the capability to send out new pizzas, etc. He also said that as far as he knows, it's policy to direct the customer back to the local store if they have an issue with the food.

So now I'm stuck.. no calls back from pizza hut, and I paid for a crappy cold pizza and now there's' nothing to be done about it because the customer service people continue to screw up.

I'm thinking about visiting the Pizza Hut corporate offices tomorrow. Maybe being there in person will get me -some- sort of attention.

Pizza Hut clearly holds a dear place in Danielle's heart. It's a shame a local joint can't swoop in and save Danielle with superior pizza and service.

(Photo: Getty)

Anthony writes:

Called both Blockbuster and PayPal this morning and of course one pointed the finger at the other for the double subscription charge. So here I am with two charges and no way to resolve the issue since Blockbuster does not see both charges in their system and PayPal says I need to contact Blockbuster for resolution.

[Note: we edited the above screenshot for space, but we did not remove any figures.]

Has anyone else had this problem with Blockbuster's PayPal account agreement? It's a small amount in this case, but that's only because Anthony's plan is the cheapest Blockbuster offers; they charged him the full subscription fee both times.

ForceTrainer says:

First off, many thanks for posting my experience with XBOX Live billing on your site. About 6 hours after the post went up I received a phone call from XBOX Live support asking about the situation. Unfortunately I did not speak with support list night, and after calling them back today I got in touch with one of their reps.

I spoke with James in their escalated support for about 20 minutes. Right off the bat he explained to me what MS would be able to do, and I was offered the option of a full refund of the amount that I paid or they would provide me with a 12-month XBOX Live Gold membership code that I could redeem. I opted for the full refund since all I wanted originally was to downgrade to a Silver membership.

After getting that cleared up, James asked me to explain the entire situation to him, and I gave him the story pretty much verbatim from what I sent to the Consumerist. When I finished James apologized for the confusion that occurred, and he explained a few things including why he thinks the situation occurred:

- His first comment was that I was absolutely right that I should have received a full credit for the time paid for (vindication!).

- My case should have been escalated by default when I first spoke to billing because my request and situation were non-standard. My account was in a decline state which the billing department can handle, but since I wanted to downgrade to a Silver account while in a decline state I should have been escalated immediately.

- James believes that the major confusion occurred because my annual account was in a decline state, and that it is very rare for a billing CSR to deal see. Decline states are common with accounts paid on a monthly basis (which makes sense), and the CSR treated my annual account like it was a month-to-month. With month-to-month billing if you get declined your payment to bring your account current gets you paid for that month. Basically you're just paying for time that you've already used. However, with the annual membership, when you pay your balance there is time that is owed to you. The CSR that I spoke with just pretty much screwed this part up.

I absolutely believe that James was sincere in his evaluation of the situation, and his point that decline states don't occur often with annual accounts means that the CSR I talked to may have never had that exact situation before. While that doesn't mean that what the CSR did was right, mistakes happen and MS worked quickly to fix the mistake. James said that they will make sure to address this in training with their CSRs. Whether that happens or not I don't know, but the fact that they called me directly speaks volumes.

I did ask James if he knew why I received a call from their department, and his response was that he was just told by his boss to call me and not given any other information. This to me was a pretty big clue that it was the Consumerist post that sparked the phone call. I'm definitely not going to complain about that!

Most importantly (because I want to help other readers that have been trying to deal with XBOX Live billing) I brought up to James that there were other Consumerist readers that were having similar problems, and I asked if there was anything they could do to make getting their situations resolved a little easier. This is what I was told:

1) If you are having billing related problems with your account, call XBOX Live support at 1-800-4MY-XBOX.

2) When the IVR (known as Max) answers, wait for the option to speak with billing. This option is AFTER the choice for XBOX Live support. He said that many users choose the option for XBOX Live Support when in fact they need to speak with billing (obviously they should be changing their prompts).

3) If you account is in a decline cycle (meaning your credit card expired, etc.) tell the CSR that you know you are in a decline cycle, and explain exactly what you would like to have happen. This could be anything from just paying your bill to downgrading to a Silver membership. Be clear and things should hopefully shake out.

4) If at any point you feel uncomfortable or confused with what the CSR is saying, ask to be escalated to the next level of support. They should do this immediately without any objections.

5) At this point the escalated support should be able to help you out. They have authorization and additional information to handle most requests including refunds if necessary.

The main reason I didn't escalate my call was because I was rather angry, and I didn't want to yell at someone that was just trying to help me out. In the end everything worked out, and I thank the Consumerist for that! With the information that I got from James as well I think that other people with billing related problems should be able to get squared away. If not, just write in to the Consumerist :)

Thanks!
ForceTrainer

Let us know if ForceTrainer's instructions work for you by emailing us at tips@consumerist.com. Good luck! And remember that you shouldn't ever be afraid to ask for your complaint to be escalated! There are limits to what your basic CSR can do. If your issue needs TLC, ask for someone with more authority.

(Photo: Maulleigh )

I've been a faithful Xbox Live Gold member since I first bought my Xbox 360 a few years ago. When I first signed up for my account I chose the annual option, so for the past two years I've paid my $49.99 like a good little gamer.

This year was probably going to be no different, but my billing ran into a little snag when my credit card on file was replaced. I started receiving emails from Microsoft telling me that I needed to update my card info so that I could be charged for the next year, but I kept forgetting. I finally received a final email saying that my account had been closed and at that point I could no longer sign onto Xbox Live. Honestly I couldn't care less about having a Live account, but I have a good amount of DLC, so I immediately gave Xbox Support a call so I could at least get switched to a free silver account so I wouldn't bork what I had already bought.

After a minute or two on hold (I called 1-800-4MY-XBOX) I got through to a very nice woman. I explained to her that my account had lapsed and that I just wanted to convert my Gold account to a Silver one. She said no problem, but informed me that I would need to speak with billing. "Not a problem," I thought, and I got forwarded immediately.

After another minute on hold I was through to the billing department. I was pretty impressed at the lack of hold time, considering it was a Sunday night, and I even made a comment to my brother over IM saying, "Wow, Xbox support is pretty good." Needless to say my comment was a bit premature.

I again explained my situation to the billing rep, and he asked me to sign on to http://billing.microsoft.com so I could update my billing information there. That seemed like a pretty simple request, and he said he would stay on the line with me to make sure that everything got updated properly. Again, I was impressed because most reps would just tell you where to go and hang up. He verified that my billing information was updated, and he told me that I would be charged $49.99 because I had an owing balance on my account. While all I wanted to do was convert to a Silver account (hopefully for no charges), I was half expecting this since my account had technically lapsed in June. I asked if it was possible to just pro-rate the two months that I was given service after my account lapsed, and I was told because I'm an annual member that wouldn't happen. Alright, fine, no big deal – it's just $50. The charge was put through and I figured all was set. Here's how the rest of the conversation went:

Me: Alright, so my account is settled. Since my account lapsed in June I'm assuming I should have about 10 months left of Xbox Live Gold service, right?

Rep: No.

Me: Ummm… what do you mean no? When I paid the $50 I was paying for service from June 2008 to June 2009. I understand that I won't get a full year of service from today, but how come you're telling me I'm not going to get Gold service at all?

Rep: By paying the $50 you settled your account. Your account has been reactivated as a Silver account.

Me: Okay, I understand that my account is now settled, but I just paid for 12 months of service. If you date that from June 2008 I should have a Gold account until June 2009.

Rep: No. When you paid the $50 that was just to settle the account and bring it current. Your account was almost sent to collections, so your payment stopped the process.

Me (Getting very pissed off right now): Okay, so what you're telling me is that I just paid $50 so you wouldn't send me to collections? With Xbox Live service you PRE-PAY for the service! If I'm paying you $50 I just PRE-PAID for services that you owe me. Now you're telling me all I did was stop you from sending me to collections?

Rep: Yes. However, now that your account is settled you can go ahead and purchase a Gold account if you want.

Me (To the point of ripping my hair out): So what you're telling me is that I just paid you $50, and if I want to get a Gold level account I will need to pay again for it even though I just paid you $50?!?

Rep: That would be correct sir.

Me (Trying not to yell at the guy so I can ask pertinent questions): Okay, that makes no sense, but let's continue. Can you tell me exactly what I was charged for? Was the $50 I just spent for Xbox Live Gold service, collections fees, account reactivation… what?

Rep: The charge will be for Xbox Live Gold service.

Me (Ready to rip his throat out through the phone): You just said that I was being charged for Xbox Live Gold service. If that's the case then how come I am not getting the balance of the months?

Rep: Because that charge was to bring your account current.

This ordeal continued for another 10 minutes. He told me that my payment was solely to bring my account "current." His rationale for not giving me the balance of the months on my account was that my account was almost sent to collections. Well, first off, my account was never sent to collections, so that's the biggest BS story I've ever heard. Second, how can you send me to collections on a debt for services that I was never given? Microsoft cut off my account when it went delinquent, and at the very least I got a free month out of them. I absolutely understand them wanting me to pay for that, but how can you send me to collections for an entire year of service that I haven't even used yet? I also asked him that if I had called last month to settle my account would I have been given the balance of the months. His answer? Yes. Rationale? Because my account wasn't being sent to collections last month.

After all of this I informed the rep that I would dispute the charge with my credit card company. He told me, "Fine, we get that all the time. However, we always win because we will show that it's a legitimate charge." I tried to argue with him saying that yes, while the charge itself is legitimate (I did authorize it), Microsoft is refusing to give me the services that I paid for, and that is grounds for a dispute resolution in my favor. He didn't really seem to care and I knew I was getting nowhere, so I just hung up at that point.

So where do I stand? Yesterday I was charged $50 for 12-months of Microsoft Xbox Live Gold service which should have been dated from June 2008. However, my account is currently at a Silver level, and the only way to upgrade the account is to pay again for Gold service.

There are several problems that come up with this entire phone call. First, I only had the choice to pay $49.99 to bring my account current even though there are monthly and quarterly payment options available. If I had been a month-to-month member I probably would've just paid for a single month and lost a month of service, not 10. If I had been paying via Xbox Live Cards that you buy at retailers nothing would've happened because there are no recurring payments. So for the most part, a dedicated customer who makes an annual commitment to the service gets screwed the hardest. Thanks Microsoft!

Yuck. You should probably call your credit card company and talk the issue over with them. We wouldn't be surprised if you were able to do a chargeback.

(Photo: Tengaport )

UPDATE: This complaint has been resolved.

When Ms. Slaughter's flight from Detroit to Phoenix landed, she was met by police who escorted her and her family from the plane. Police detained the family, and explained that they were simply too unruly to board their connecting flight to Seattle.

Ms. Slaughter admits her kids were out of control on the plane, getting up and wandering around, but says that two of them have disabilities (one is autistic and another has cerebral palsy) and that "they are kids."

“The children were out of control on the flight you know, they were restless, excited and worked up and they are kids,” Slaughter told KIRO tv. "I am furious about it. I can’t believe they could do something like that and then leave us completely stranded with no money no way to get anywhere."

According to Slaughter, sympathetic police officers donated money for a hotel for the night and some food. The family is asking for compensation and a public apology.

Southwest Airlines is standing by their decision, claiming that the family was being threatening:

"They were being disruptive and unruly on the plane, and for the safety of our customers and the flight crew, we decided to not allow them to travel on to Seattle at that time. Typically if it's a threatening behavior, it's not safe to travel 30,000 feet in the air in a contained environment."

Family Says Airline Left Them Stranded At Airport [KIRO](Thanks, James!)

After Ilan successfully filed a chargeback on a company, the company decided to bill him directly for the amount that was refunded. What's even sneakier is the company (which Ilan didn't name) waited until after they reported the matter resolved to the Better Business Bureau. Now Ilan's wondering what options he has to fight back.

Here's Ilan's full story:

My wife and I recently issued a charge back with American Express on a transaction with a merchant, as they had not provided the services we agreed to. AMEX reviewed the dispute and found in our favor. However, the merchant is now attempting to bill us directly for the balance AMEX awarded us. Do we have any recourse in this mater? We are concerned they may attempt to collect on this, and ding our credit rating. Can you offer any recommendations?

We had previously attempted to resolve the issue amicably with the merchant via telephone/e-mail, and then eventually with EECB and a complaint through the Better Bureau. At each of these steps the merchant dragged their feet on responding to our complaint. We eventually mentioned the issues in question to AMEX and they recommended we issue a charge back sooner rather than later. In good faith, we waited until the last possible moment to dispute the charges. We were hoping that the company would see the light and decide to work with us, on our credit card.

Up until the point that AMEX found in our favor the company was not responding to our complaints. As soon as we were credit for the amount in question, they responded to the BBB complaint (almost 60 days later). They indicated that the matter was "resolved" via our dispute at AMEX and asked that the BBB close the case.

Now we are staring at a bill that is dated weeks after their response to the BBB. E-mails and phone calls continue to go unanswered.

We appreciate any advice you can offer on what to do next.

First of all, we suggest you immediately re-open a complaint with the BBB and indicate that the company lied to the BBB about resolving the issue. You should also write a letter back to the company and make it clear that you consider the matter settled as per the terms of your original credit card purchase. As far as protecting your credit, you'll just have to wait to see if it shows up on your credit report—if it does, then you can take action to dispute it and have it removed.

You may want to also check with legal services in your state (try your state's Attorney General website) to see whether the company is committing mail fraud by billing you for a transaction that was already reversed.

(Photo: Getty)

The new data applies to workplace arbitration, which is generally the same bucket of fail as consumer arbitration.

LeRoy examines a "snowballing futility for employees" who are forced into arbitration. If they manage to win, despite the built-in institutional bias, the employer can take it to state court and get the award overturned, forcing the employee to start over from scratch. On the other hand, if they lose, the courts are highly unlikely to disturb the decision.

From the study:

Remarkably, state appellate courts confirmed only 56.4 percent of employee wins in arbitration. But when the same courts ruled on employer victories, they confirmed 86.7 percent of awards.

The "Snowballing Futility" of Arbitration for Employees [Consumer Law & Policy Blog]
Write Your Senator Write Your Representative PREVIOUSLY: How To Write To Congress (Photo: Getty)

Let's first check out the professor's relevant credentials:

Professor Levitin's research focuses on financial institutions and their role in the consumer and business credit economy, including credit card regulatory and competition issues, mortgage lending, identity theft, DIP financing, and bankruptcy claims trading.

I called Citi and disputed the charge. The charge is a billing error under 15 CFR part 226.113(a)(1). Unfortunately my dispute did not compute in the Citi system. Because I was contesting an unliquidated amount of the charges, however, my case didn't fit into one of their eight dispute check boxes. (Note that Reg Z does not require that I know the amount of the error. See 15 C.F.R. Part 226.113(b)(3).) Finally, after speaking to a supervisor, I just decided to dispute the entire amount because that was the only way I could go forward with a dispute given the unbending parameters of Citi's computer system. I also contacted PACER to make sure that they had processed all my fee exemptions.

Fast forward to earlier this week. I still hadn't heard anything from Citi or PACER about the dispute's resolution. But, to my great surprise this month's Citi statement arrived. It says that I owe the full PACER balance and there's a finance charge tacked on for the disputed amount.

When I called Citi to inquire, I was told that I hadn't disputed the charge the previous month. This was in spite of fact that there were numerous notes about the nature of the dispute in my file. In other words, Citi had taken down all sorts of details about my dispute, but never actually processed that I was disputing the charge. Citi entered the dispute a month late, and only after I called to check up on it.

Well, Citi has now (supposedly) removed the finance charge and recorded the charge as contested. But Citi tells me that I need to submit documentation about the dispute or the charge will be reinstated. That means I have to send some 50 pages of court orders to Citi at my own time and expense for a merchant's mistake. The duty to investigate a billing error is Citi's. Nothing in Reg Z requires that the cardholder submit written documentation to the card issuer at my own expense. So why am I footing the bill? (Maybe there's language to that extent buried in my cardholder agreement...)

1. His credit report may take a ding from the late payment, something he has no control over and Citibank's CSRs are too incompetent to fix.
2. The surprise rate on the finance charge was 101.211%
3. After futzing with a compound interest calculator for half an hour, the professor couldn't figure out how Citibank was calculating the finance charge.
4. The late payment could trigger universal default provisions with his other creditors, causing a world of financial pain from Citi's mistake.
5. He can't close the account without losing his rewards or further dinging his credit score.

We take away one very simple lesson that every policymaker should appreciate: a renowned expert on credit cards is being harmed by his creditor and is practically powerless to fight back. Does this seem fair or reasonable to anyone?

My Very Own Risk-Based Repricing Experience [Credit Slips]

"Has your department tested every parking meter in the city within the past three years?" I asked Deputy Commissioner Dominic Verdi. "No," he replied. So how many have they inspected? The Deputy Commissioner wasn't clear, saying "The exact number I don't have in front of me."

But we know, after 3 On Your Side reviewed the inspection reports ourselves. Out of 14,500 meters, only around 2,000 have been tested and certified for timing from 2005 through 2007, that is less than 15 percent!

Verdi blames lack of man power, L&I only has one inspector assigned to that job.

"There is no way possible for us to handle all of those meters," said Verdi.

But when we checked, we found some meters were being checked time and time again! A meter on South 9th Street was tested at 11 a.m. one morning and approved, then hours later it was tested again, and approved again!

When I asked Verdi if the inspector was clueless, he just shrugged.

Then there is the situation we found on Ridge Avenue, a meter was tested and approved eight times last year, and it happened in other places too!

Our town—which is full of parking ticket sticklers and has this suburban cowboy ticket inspector guy who revels in ticketing parents who dash into stores while their kids wait in the car—was caught issuing tickets that listed only the month and year of a registration's expiration, not the exact day. As a result, the town's tickets were invalid. The townspeople celebrated and the suburban cowboy cried. True story.

Anyway, if you live in Philadelphia and have an outstanding parking ticket, click on this link (PDF) to see if the meter was properly certified. If it wasn't, the ticket is not legally enforceable and will be tossed out by any law-abiding judge.

If only this applied to New York City's $150 parking tickets...

3 On Your Side: Parking Meter Investigation [CBS3]
(Photo: Getty)

From Marketplace:

Just after Thanksgiving, the Florida tomato pickers held a large rally outside Burger King headquarters in Miami.

Now it's surfaced that three weeks later, BK sent a note to suppliers saying it may no longer buy tomatoes from southwestern Florida.

Spokesperson Keva Silversmith says the letter is just a normal part of the company's planning.

Keva Silversmith: Our contingency planning is based on a variety of issues, a freeze being one of them, hurricane issues, which are always an issue, as well as a possible labor conflict.

A cent too far for Burger King [Marketplace]
(Photo:Morton Fox)

We thought maybe it was a non-taxable, refundable security deposit, mainly because on their website, when you first select the phone to rent, it says DEPOSIT, and then when you agree to the transaction later on, they call it a SECURITY DEPOSIT and use the word "refund":

So now you know: if you do business with Cellular Abroad, be prepared to pay unnecessary taxes on your refundable security deposit we mean purchase price.

(thanks to Joanna!)

Today's hearing will feature two panels. Four separate law firms will testify, along with the American Arbitration Association and Public Citizen. Join us as we struggle to interpret the Committee's legalese - which may prove just as futile as binding arbitration.
(Photo: xsparrowx)

2:00: Video Link
2:05: Today's commentary is brought to you by both Carey and Meghann in the hope that two pairs of ears will be able to decipher the Committee's legalese.
2:41: FINALLY! The hearing has been called to order.

2:43: The resolution on this feed is terrible. Someone, a Congresswoman - maybe Rep Sanchez (D-CA), is reviewing the history of arbitration.

2:44: Rep Cannon (R-UT) believes that arbitration provides protection for consumers because it's fairer (what?) cheaper, and faster. That's not right. Individual consumers don't have deep pockets, which is why class action waivers are unconscionable.

2:45: Arbitration is so complex and ingrained that this Committee can't possibly handle the topic today. Ok, Congressman, set up a webcam at the Hawk and Dove and we'll meet you there.

2:47: Nobody has proposed banning arbitration - just mandatory arbitration. Consumers would still have the option to forego a trial, but that's a choice they would be empowered to make, a choice they don't currently have.

2:49: Rep. Johnson (D-GA), sponsor of the measure is here, pointing out that people wouldn't voluntarily sign away other constitutional rights.

2:51: Arbitration carries its own anti-consumer charges. The fees to expedite a hearing can cost $500.

2:53: See Cannon, nobody wants to ban arbitration, they merely want to restore consumers' right to a trial.

2:57: One of the panelists is former Georgia Governor Roy Barnes, who is receiving quite the introduction from Rep Johnson - Governor Barnes helped save Georgia from the subprime meltdown and scared the Confederate flag from the Statehouse.

2:59: That was practically a eulogy.

3:01: Onto Laura McCleary of Public Citizen.

3:02: Arbitration allows "rulings that are silly, wacky, or contrary to law..." "They are flawed by design."

3:04: An eight month analysis of 34,000 cases of credit arbitration, data they could access only because California requires disclosure, showed that the 28 arbitrators who handled most cases ruled against consumers 94% of the time.

3:04: Arbitration involving businesses went against the consumer 99% of the time.

3:05: Credit card companies, specifically MBNA, are using mandatory arbitration to circumvent the Fair and Accurate Credit Transaction Act.

3:07: Onto Richard Naimark of the American Arbitration Association (AAA), who wants to find a balanced response to Congress' concerns.

3:08: AAA developed a basic code of conduct that makes arbitration slightly fairer than, say, a Gitmo tribunal. Consumers can have access to counsel, arbitrators must disclose financial interest.

3:10: He's arguing that only 2% of cases go to court, so consumers don't "get their day in court" anyway. The cases don't go to trial because they're settled, not arbitrated, usually because the parties think a jury will rule against them.

3:11: Gov Barnes is branding mandatory binding arbitration as a "contract for a crime." Payday lenders use binding arbitration to circumvent the courts.

3:12: He's challenging Cannon - nobody thinks it's fair to go to arbitration to prove that they are the victim of a crime.

3:13: Arbitration provides a small remedy but does not condemn the criminal action as illegal.

3:14: There are more payday lenders than McDonald's. Frightening.

3:15: Barnes doesn't want people to use arbitration to hide from criminal acts - one of the defenses raised is that if Congress didn't want arbitration used that way, Congress would act.

3:18: Onto nursing homes.

3:19: News to us: Shaving cream softens feces.

3:20: Nursing homes = Abu Ghraib.

3:21: We're struggling to see how this relates to binding arbitration.

3:21: Here we go - families are presented with 50-60 page disclaimers before their loved ones can be admitted.

3:22: Most people don't realize they are waiving their litigation rights to gain admission.

3:23: Because they were offered "the opportunity to sign," courts accept the agreements as valid.

3:23: The costs for arbitrating nursing home issues are significantly higher, as are the rewards.

3:23: Final thought: Mandatory binding arbitration kills grandparents.

3:24: Arbitration dissuades people from pursuing very valid claims. If a credit card company withholds a couple bucks, you won't sue, but if you can't form a class for a class action, the company walks away with oodles.

3:25: Appellate courts have been bench-slapping down such agreements as unconscionable.

3:26: Gov. Barnes: "I got mayhem and murder in the streets." Apparently, no one cares about stopping illegal payday lending in the criminal courts, and arbitration is keeping it out of the civil ones.

3:27: Illegal practices flourish when individual consumers can't pursue their claims as a class.

3:29: Conservatives should be all over this bill. They're all about returning power to the local level, empowering local decision makers. That's what juries are all about.

3:32: Cannon will have another chance to make his point. So far, none of the panelist agree with him. Apparently, soldiers need payday lenders.

3:34: Cannon is picking a fight with McCleary, wondering how much weight to give to her damning study. 'We can't trust any consumer who says "my widget broke"'

3:35: If you arbitrate, you are wrong. "Credit cases are going to against the person who didn't pay their bill."

3:37: McCleary can't convince Cannon because arbitration data isn't readily available - nobody discloses, so Cannon is technically right in saying that her data is narrow, the category is narrow, and the study as a whole is narrow. "The implications are not narrow."

3:38: Maybe if AAA wanted to part with their data, they could produce a story as wide as Cannon.

3:40: Point proven: according to the AAA, 60% of arbitrations are settled before they can reach arbitration - so not every arbitration results in a hearing before an arbitrator. Might as well kick things back to the courts.

3:40: Johnson wants to know how AAA gets their business. (Hint: consumers have no choice!)

3:41: "Unions and businesses primarily" refer to AAA.

3:41: Most arbitrators are lawyers, but not judges. AAA claims that there's no bias in selecting arbitrators, that they look for "senior, respected members of the community."

3:43: There is no court reporter in arbitrations, which means there's no practical way to file an appeal.

3:44: There is a limited right to discovery, as controlled by the arbitrator - the arbitrators who rule against consumers 90% of the time.

3:45: The word right here is fairly creatively used.

3:45: The first panel is excused. Onto the second panel.

3:49: Deborah Williams is 64 and bankrupt thanks to binding mandatory arbitration agreement.

3:49: Her dreams of owning a Coffee Beanery franchise turned to nightmares. The binding agreement required her to purchase all sorts of unnecessary equipment, and a Pepsi contract.

3:51: The average Coffee Beanery lasts three years, and costs $375,000.

3:51: Maryland's AG found that the Coffee Beanery committed fraud - but she was forced to arbitrate.

3:52: The arbitrator had significant financial ties to the Coffee Beanery, and had ruled in their favor repeatedly. The Coffee Beanery's own lawyer doubled as an arbitrator.

3:53: The Coffee Beanery dragged discovery out for over 7 months, because the company knew she couldn't pay the costs, and forced her and her layer to fly to Michigan - 500 miles away - four times for 11 days of hearings.

3:53: The cost of arbitration was over $100,000 - and the arbitrator found that the Maryland AG was wrong, there was no fraud, and that she had to pay penalties to the Coffee Beanery, including their attorney's fees.

3:54: She has lost over $1.5 million to the franchise.

3:55: She is borrowing money from her family just to file for bankruptcy - and even then, she'll need to pay the Coffee Beanery franchise fees over the next 15 years until her contract expires.

3:57: Onto Cathy Ventrell-Monsees of the National Employment Lawyers Association (NELA)

3:57: "Companies from Circuit City to Hooters To Halliburton" use arbitration to limit employee suits.

3:58: Employees are required to sign these agreements despite any laws that prohibit mandatory binding arbitration agreements as a condition of employment.

3:59: Wow, Cathy almost looks like she's going to cry.

3:59: Arbitration is a "modern version of separate and unequal justice for employees."

3:59: "Arbitrators do not need to follow the law. THEY DO NOT EVEN NEED TO KNOW THE LAW."

4:00: Companies continually use the same arbitrators that rule in their favor. As a result, the arbitrators have a direct financial interest in ruling in the companies' favor.

4:00: Pfizer has a 97% success rate.

4:01: Halliburton has an 82% success rate. They need to bum Pfizer's arbitrators. We wonder how Verizon's dinosaur-eating lawyers would fare.

4:02: Onto Peter Rutledge of the The Catholic University of America.

4:04: Arbitration lowers costs for companies, which is passed on in the higher wages, better share prices and lower prices. Thank god.

4:05: "Imagine what the increase in costs would be if arbitration was eliminated altogether." No, no, don't make us imagine the costs! Oh, wait, nobody is saying arbitration should be eliminated! Just that the constitutional right to a trial should be restored.

4:05: "Where are these people going to end up if arbitration is not available?" Court, good professor. They will end up in court, where they belong.

4:06: Rickshaw justice for the many is the alternative? That sounds awesome. That guy was nuts.

4:07: Onto Theodore G. Eppenstein of Eppenstein and Eppenstein - did he really go out to find another Eppenstein? Suspicious.

4:08: He wants to talk about arbitration in securities disputes - something we know absolutely nothing about.

4:09: This guy loves his resume. Enough already.

4:09: "Securities arbitration does not work for the investor."

4:10: The poor guy has been arguing about this for 20 years.

4:11: "The public pool [of investors] isn't pure." Arbitrators are pandering to keep their jobs.

4:12: This guy tells you he's going to say things a lot.
"Let me tell you something."
Ok.
"I'm going to give you examples."
Well, um. Ok.

4:13: He has data. 58% of the time, the customer goes home with nothing except a bill for arbitration.

4:13: Pfizer laughs at the industry's 58% success rate.

4:14: There is a place for arbitration, but it needs to be run independently. Great idea.

4:16: Geekybiker is absolutely right. If you haven't already, tell Congress to support the Arbitration Fairness Act!

4:18: The Chairwoman is sorry for Coffee Beanery woman's experience: Do you feel like you were ripped off? Um, duh.

4:19: Deborah is amazed to hear the professor and the AAA talk about the flaws in arbitration and wants to know: "What are you going to do for me? I lost everything. What are you going to do for me?"

4:21: Chair to the professor: if your data shows that businesses don't prevail, why would they chose to arbitrate?

4:22: According to the prof, a ten-year-old study has useful anecdotes. One corporation spent $1 m winning a case, and legal fees are the root of all evil. Lawyers are such great villains.

4:24: Chairwoman politely says, "You're on crack."

4:24: Consumers' win rate is falling, as is there rate of recovery. Maybe that has something to do with it? Maybe? Bueller?

4:26: The professor is rightly pointing out that some businesses have a higher win rate at trial - but, when they end up in court, the trial is overseen by a judge bound by the law, and both parties have a right to appeal.

4:27: This should be settled with KY wrestling. No one's data is good enough for the other.

4:28: Eppenstein angry. Testimony misrepresented. Rarr, Eppenstein.

4:29: The very threat of arbitration depresses settlement offers.

4:30: Onto Cannon's last stand.

4:30: Cannon wants to know if stockbrokers cheat their investors, won't the investors take their money elsewhere?
Eppenstein: 'If they have any money left!'

4:31: NELA has no issue with a waiver for unions because unions handle arbitration responsibly.

4:32: Not that it's relevant, but we have discovered that Chris Cannon has 8 (eight) kids. EIGHT!
He's never spoken to them at length.
Along with the rest of the planet.
He's like a metronome of bullshit.

4:34: He's now attacking Coffee Beanery woman. It's her fault she got screwed. According to him, "we live in a world of information." If Deborah had only done her homework, she could have kept the $1.5 million now lost forever.

4:35: Buzzers sound in the distance. Floor votes. The end is near.

4:39: Johnson is defending Coffee Beanery woman, implicitly calling Cannon a nut.

4:40: According to Ventrell-Monsees, her story is typical.

4:41: Epperstein says the public never hears about the egregious violations, the systemic raping of justice caused by mandatory binding arbitration.

4:42: Overheard on the video feed from a mystery person: "Unbelievable. I think I'm the only like regular joe blow kinda guy here and I am outraged." @Godai heard a slightly different version.

4:42: We didn't think it possible, but mandatory binding arbitration is even more frighteningly horrific than we knew. God help us all. The hearing is adjourned.

Hi Ben -

I see your name attached to stories regarding Sprint...and I really appreciate your site posting the executive customer service number! It actually got me past the inner circle of hell that is general customer service.

I received a $10k bill from them for one month of service for what I learned to be 'premium texting' done by my disabled 18 year-old daughter. This whole 'service' is such a huge scam, yet Sprint acts as if they've done nothing wrong. In fact, one of their finance people actually asked me last week why I would give my disabled daughter a phone!!

So, thanks to the number you guys posted, I reached someone that I could actually talk to civilly. They have offered a 50% reduction, which still borders on criminal, but I'm not sure I'll be able to do much about it. If you have thoughts to the contrary, I sure would love to hear from you or anyone else at your site!! J

You all are doing great work!!

Regards,

-Sean

Meanwhile, parents in California are suing Jamster, alleging that it targets children on Nickelodeon and MTV with misleading advertising, said Robert Thompson, the parents' attorney. Kids who texted a number in the ad thought they were getting free ringtones, but later discovered they had signed up for subscription plans, he said. Once enrolled, it was very difficult to cancel, Thompson said.

Anyone had any success disputing a text messaging bill of this magnitude?

Most consumers don't know that they will be held responsible for charges made if their phones are stolen—they think its like a credit card with fraud protection. It isn't.

AT&T doesn't care that Tiffany was on a sailboat and had no way of calling to report her phone stolen. AT&T doesn't care that she's never downloaded soft core porn before. The most they'll do is knock the $450 bill down to $300, a move that irratated Tiffany even more because, "she was completely adamant for the entire hour before that they couldn't take one cent off. Now I know that this is a lie and they can waive charges if they want to. "

Sure they can, Tiffany, but good luck getting them to do it. Regular readers of the blog will remember Wendy Nguyen. Wendy's cellphone was stolen shortly before she left on vacation. When she got back, she found a $26,000 bill waiting for her. Cingular told her she was responsible for the charges... and then suggested she file for bankruptcy.

Tiffany writes:

Hi there

So I go on vacation to the Virgin Islands to charter a sailboat and sail for a week. It turns out some douche bag stole my cell phone on St John before I even get on the boat. Since I am in the middle of the Caribbean in the British Virgin Islands on a boat, I can't call AT&T to suspend the phone. I call them as soon as I return to the states and suspend the phone. Then, I get the bill for June. The phone was stolen at 6pm June 29 and the jerk that took my phone made calls to Dominica and downloaded a bunch of porn to watch on my RAZR - in fact he downloaded $200 worth of stuff in two days! Now I get worried, as the jag had the phone for 7 days before I was able to call it in, but I can't see my July bill online yet.

I call customer service and find out that all said, the ass racked up over $450 in download charges. He downloaded movies like "Pillow Fight Girls 3" and "Miami Nights: Singles in Heat." I didn't even know the AT&T Mall sold stuff like that to download to your phone? What kind of idiot downloads soft core porn to watch on the tiny RAZR screen??? I explain to customer service what happened and fully expected to have the obvious fraudulent charges waived. Guess again. They tell me that their policy is that I am liable for all the charges. I find this an incredibly stupid policy. Shouldn't it be handled like a fraudulent credit card transaction? If the same thing happens with a credit card, you may be liable for up to a certain amount, but that's all. Not with the fraud committed with my phone. According to "The New" AT&T - it's all on me!

I stay on with the CSR for quite awhile to plead my case, but she stands firm that they are very sorry, but that is the policy. I tell her calmly that I want someone to acknowledge that it is a policy that shows they have no interest in protecting their customers from fraud. I ask: What if they guy charges $5,000 - I would still have to pay? At one point the CSR tells me that the reason they have this policy is because a lot of people go on vacation and rack up huge charges and then lie about the phone getting stolen to get out of paying. I explain that this is not what happened to me and I can prove it. I tell her to look up my last 12 years of bills and see if I ever once called the island of Dominica. Now, after 6pm on the 29th - all the calls are to Dominica! I say look at my past billing records and see if I ever once used the Direct Bill feature - on which now after the 29th there is $400 worth of charges. This is OBVIOUSLY fraud. I finally got her to admit that it did look like someone did steal my phone, but that I should have called it in. I explained again that I was on a sailboat in the British Virgin Islands, and how would I call it in from there? She said, "Didn't anyone else on the boat have a phone?" Yes, but they don't work in the middle of the sea! They don't have AT&T towers erected on tiny islands in the British territories yet, you know.

So, after an hour on the phone, I get the CSR to take 1/3 off the bill, which I find even more annoying as she was completely adamant for the entire hour before that they couldn't take one cent off. Now I know that this is a lie and they can waive charges if they want to. But, that's all she's willing to do, which is better than nothing at this point. So now I am supposed to be happy to pay $300 out of the original $450, even though I did not make the charges. I am not happy to do this. I ask for someone (I think they call it a Consumer Advocate) to contact me so I can officially protest the charges. I get a call on my business phone two weeks later from my advocate, Glenn Behnte, at 8pm on Friday. He leaves a number and I call him back three times but he never calls again. Some advocate!

So, now I am writing a letter to customer service to try and rectify this situation, and I am writing to you all to let people know about this super policy designed to make sure that AT&T gets their dough no matter what, and to hell with their customers. We'll see how the letter writing campaign goes.

Tiffany

(Photo:mrbill)

The actual work of repairing your credit seldom involves more than filing a dispute with the credit agencies. Anyone can dispute a credit report item; if the dispute is valid or the charge can't be substantiated, it is removed from the report.

The FTC has already cracked down on 70 credit repair shops, though over 92% of fraud goes unreported because people are too embarrassed to admit they have been defrauded. Don't fall for credit repair promises. If your credit is ailing, check out our useful roundup and be your own credit repair service. — CAREY GREENBERG-BERGER

Credit 'repair' could leave you in a fix [LA Times]
FTC Complaint Form
(Photo: spacematters)

For a pre-paid one month economy car rental for $632.03, on January 16th Hertz rented me a 2007 Blue Chevrolet , Lic#5981AVB in good condition at the Los Cabos airport. I declined to purchase insurance. Late on the night of January 20th, during a rainstorm, a tire blew out on the vehicle; so, after exchanging the tire with the spare the following morning, on January 21st, I returned the vehicle to the agency at their suggestion and wrote a full report. The agency assured me there would be no problem of any charges.

Upon returning to the airport three weeks later, the manager, Eleazar G. Leyva informed me that Hertz was demanding payment of $60.00US for damage to the tire. Anxiously on my way to a plane, I agreed to the charges, more for the sake of expediency rather than out of any sense of obligation. Subsequently, my credit card was charged $499.48

We think Kathy should stop dealing with Hertz and start dealing with her credit card company.

Since Kathy declined the insurance when she rented the car, she should be covered under her credit card's auto rental insurance waiver. Here's an example of Visa's coverage. If Kathy is still within the time period for filing a claim, she could deal with this issue that way. However, we think there's something shady going on in this case. The Hertz agent told her the charge would be $60, and then billed her for $499.48. This sounds like fraud. We suggest that Kathy contact her credit card's fraud department and report the Hertz agent. In this case, it's time for a chargeback. —MEGHANN MARCO

Kathy writes:

For a pre-paid one month economy car rental for $632.03, on January 16th Hertz rented me a 2007 Blue Chevrolet , Lic#5981AVB in good condition at the Los Cabos airport. I declined to purchase insurance. Late on the night of January 20th, during a rainstorm, a tire blew out on the vehicle; so, after exchanging the tire with the spare the following morning, on January 21st, I returned the vehicle to the agency at their suggestion and wrote a full report. The agency assured me there would be no problem of any charges.

Upon returning to the airport three weeks later, the manager, Eleazar G. Leyva informed me that Hertz was demanding payment of $60.00US for damage to the tire. Anxiously on my way to a plane, I agreed to the charges, more for the sake of expediency rather than out of any sense of obligation. Subsequently, my credit card was charged $499.48 for that problem. I've been assured by Traci Atkerson of Hertz Customer Relations in Oklahoma City that that is fully in keeping with standard practices of the car rental industry in most countries.

$500.00 seems a wildly unreasonable amount to pay for such a small item. It's difficult to imagine how Hertz arrived at that sum. It might have been reasonable if all four tires had been damaged. I understand that tires are more expensive in Mexico than in the States, but surely they are not the price of a round trip ticket.

Has anyone else had this sort of experience with this company? Are these prices in line with Hertz policies?

In December, my bill came in at $450. I called Kiyana's direct line, which was actually a number for a sheet metal company or something similar.

I called Sprint and spoke to Jason, he offered a 28 day credit to keep my service from being cancelled. I wanted an investigation - something wasn't right. I scanned the bill while on hold and noticed something: nights and weekends weren't mentioned at all. Jason, there's no way Sprint would charge me for nights and weekends, right? No, sir. Sprint doesn't offer a plan that charges for nights and weekends, but it looks like that's what's been happening. That's why I was 1500 minutes over each month — because they were charging me for free minutes. When Kiyana changed my plan around back in November, she left off nights and weekends completely — and nobody had noticed until now.

Sprint had done absolutely nothing. Seth continued to lose service, and each CSR feigned indifference to the mistake that was obviously Sprint's fault.

Seth's full email.

In late September, my phone broke, so I called Sprint to activate an older phone until I could get a replacement. On my November bill, I saw I'd been charged for a number of text messages (thirty dollars or so,) even though 'Unlimited texting' was a feature of my plan. I had a sweet retention pla set up two years ago that offered two lines and 2000 minutes for around $105. I called to find out what was wrong with my plan, was bounced from agent to agent, my call was terminated more than once, I spent an hour and a half on hold, and then was finally switched to Kiyana, a retention specialist at a call center in Sacramento.

Kiyana told me that, when I made my September call, the representative signed me up for a new plan without my knowledge, one that did not include texting. She made many adjustments to the bill, assigned credits, and moved things around to make the bill the same amount as before ($85 plus extras) gave me her direct phone number in case there were future problems.

In December, my bill came in at $450. I called Kiyana's direct line, which was actually a number for a sheet metal company or something similar. The rep I finally spoke to says I simply went over my minutes. I'd never gone over in minutes before — ever. Shocked, I paid the whole bill, some $300 over what I thought I owed.

January's bill came in at close to $500. I paid the absolute minimum and left a $350 balance pending closer scrutiny of the bill — maybe there were fraudulent calls. I talked to Sprint again. The way we left it, Sprint was going to fix the problem — they knew there was something wrong.

But they didn't fix it. February, the bill was $600. Nothing was getting resolved, and the past due amount was adding up. My cell phone bill for two months was $1000. I called Sprint and spoke to Jason, he offered a 28 day credit to keep my service from being cancelled. I wanted an investigation - something wasn't right. I scanned the bill while on hold and noticed something: nights and weekends weren't mentioned at all. Jason, there's no way Sprint would charge me for nights and weekends, right? No, sir. Sprint doesn't offer a plan that charges for nights and weekends, but it looks like that's what's been happening. That's why I was 1500 minutes over each month — because they were charging me for free minutes. When Kiyana changed my plan around back in November, she left off nights and weekends completely — and nobody had noticed until now. Jason, I want an investigation started. Yes, sir. You have 28 days credit on your $1000 balance. They'll call you about your case. I payed $105, the absolute minimum, leaving the rest to be disputed.

Two weeks into the 28 day grace, I went to make a call and found my phone service was disconnected. I called and spoke to Theresa, told her the story, that I had a 28 day credit, that I needed my phone service back on right away. She understood, was sympathetic — I hope they figure this out, she said. My phone was turned on within 20 minutes, but Theresa had no idea the status of my case or investigation into this billing error.

Today, once again, my service was interrupted. I spoke with Sherry in billing, who was sympathetic and said I should pay the absolute minimum, $105, just because that's what I've been doing — leaving the rest of the balance for dispute. She couldn't help any further, though, and transferred me to customer service and a woman named Ruby. Ruby had a lot of excuses, but the bottom line was there was no Case number attached to any investigation of my account. Any promise of an investigation from Jason last month had apparently just disappeared. Meanwhile, that $1000+ balance was just sitting there accruing late fees. Ruby, I need a case started and I need the phone turned back on now. It's Tuesday afternoon and I'm working — I have people to call. She said that my phone could be back on within four hours (7 pm pacific.) This wasn't good enough. I refused to get off the phone without a Case number and a guarantee they'd turn on my phone within 20. She said they'd turn it on as soon as they could and they'd text me my case number.

A hour and a half later, I don't have a case number, have no idea what number or even what department to call to follow up on this problem. I've paid out at least $300 for nights and weekend overages that I don't owe, and nobody at Sprint is keen on following up with my problem. I've spent 12 hours on the phone with Sprint in the past 4 months and my bill still isn't correct.

I want full credit, I want the extra money I paid Sprint back, and I want a credit for having spent wasted hours with these knuckleheads over the phone. Mostly, I want to see killer bees let loose in their Kansas City headquarters.

First, contact the seller and try to resolve the issue.
1. Sign in to your Google Account.
2. On the Purchase History page, locate the order containing the item you'd like to cancel or have refunded, and click the link in the Item column.
3. At the top of the receipt, click Contact [Seller's Name].
4. Select an appropriate subject for your message from the Subject: drop-down menu, and enter your message in the Message: text box.
5. Click Send email once you've provided the necessary details.

If that proves fruitless, you can ask Google for mediation. *

In this instance, either "I'd like to cancel my order" or "Other" should do the trick. — BEN POPKEN

* This was also covered, in passing, in our Dec 13 post, "We Interview Google Checkout; Promises To Protect Consumers"

No! Thankfully, there's actually a process to the utility bill dispute. If only we'd known. Oh well, Mickey's parole hearing is in a month and he's been on his best behavior.

Details, inside.

Bankrate.com has the full report. Here are some highlights:

1. Start with the source. Gather all your bills, account numbers, passwords, small children, pets, diet pills and a notebook to write down the customer service representative's information. Figure out what you're willing to pay—but be realistic. Don't expect Ed McMahon with a big ass check. Also, call when it's not busy and don't be a jerk to the customer service person. Be polite, but firm. Take down all the customer service person's info BEFORE you start the call. That way, when they act like a jerk, you don't have to say, "Ok, douchebag what's your name? I'm tellin' mom!" You already know.

2. Get an advocate. "You can locate your state's public utilities commission, which oversees utility companies, or get help through the National Association of State Utility Advocates (NASUCA). This organization represents the interest of utility consumers before state and federal regulators in court."

"At the commission you can have an informal investigation and if you are not satisfied you can file a formal complaint," says Janine L. Migden-Ostrander, Ohio Consumers' Counsel.

There you have it. If your utility overcharged you, don't just sit there and take it!

[via BankRate.com]

Related: The $27,933.55 Gas Bill