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Industry's Code Of Conduct Fails To Protect Consumers

The Consumer Code for Wireless Service (CCWS) was agreed upon by the wireless industry through the Wireless Association, otherwise known as CTIA.  While the CCWS lays a framework for consumer protection, it lacks any accountability and enforcement measures.  It is simply a voluntary guideline for the wireless industry.  In contrast, the Cell Phone Users Bill of Rights (CPUBOR) would provide consumers with legitimate protection under law, so as to hold the wireless industry accountable.  The following side-by-side comparison shows the major differences between the CCWS and the CPUBOR.

 

 

 

CTIA Consumer Code for Wireless Service (CCWS)

Massachusetts Cell Phone Users Bill of Rights (CPUBOR)

Disclosure

Does not address uniformity in the presentation of this information.  We need to have this information in tabular format enabling consumers to compare between carriers.  It does not cover disclosure of additional taxes, fees, or surcharges either

The CPUBOR would request the Department of Telecommunications and Energy (DTE) to establish a tabular uniform format, which the wireless carriers would be expected to present this information in.  Best of all, the CPUBOR would require that all information be presented in at least 10 point font

Coverage Maps

The CCWS only requires carriers to provide maps which depict coverage applicable to rate plans

The CPUBOR requires that coverage maps contain “the maximum practicable level of granularity and shall be updated quarterly”.  The CPUBOR will force wireless companies to provide street level maps of service, not only nationwide and regional maps

Contracts

The CCWS states that carriers will “provide or confirm the material terms and conditions of service with the subscriber” when a contract extension occurs

The CPUBOR is much more thorough in its protection of consumers from invalid and surprise contract extensions by limiting contracts to one year and requiring any contract extension be disclosed to the consumer 30 days before enactment, and must be confirmed by signature of the consumer.

Trial Periods

The CCWS provides for a trial period of 14 days in which a customer can cancel service without suffering an early termination fee

Consumers get 30 days after they receive their first bill to cancel service so as to make sure they are getting the service they were promised at the price they were promised.  Also, with the exception fo airtime usage, all money is returned to the consumer

Charges vs. Taxes

The CCWS calls for wireless carriers to “distinguish” between charges for taxes and regular charges

Requires that charges for taxes be presented in a section independent of regular charges, and requires that this information be itemized

Changes to Contracts

The CCWS calls for consumers to have no less than 14 days to cancel their contracts with no early termination fee

Requires wireless carriers to notify consumers of changes 30 days in advance and allows the consumer to cancel service within this time frame with no early termination fee as well as a pro-rated refund on handsets

Customer Service

The CCWS simply states that wireless carriers will provide medians for customers to contact them, it does not lay out any standards for response times

The CPUBOR would allow the DTE to track customer service response times if they feel necessary to do so

Consumer Inquiries and Complaints

The CCWS only requires wireless carriers to respond to government agencies not individual consumers

The CPUBOR would require the Department of Telecommunications and Energy to establish complaint handling procedures which will hold wireless carriers accountable, and facilitate communication between wireless carriers and disgruntled consumers

411 Directory

The CCWS simply requires that wireless carriers have a privacy policy.  It does not address a 411 directory

The CPUBOR requires wireless carriers to obtain express consent from consumers before including the consumers’ wireless number in any 411 directory or transaction.  It also requires that this be a separate document and be signed and dated by the consumer

Accountability and Enforcement

The CCWS is simply a voluntary agreement.  The only incentive the companies have to comply is placement of a sticker on their products

The CPUBOR would provide true accountability under law for wireless carriers to their customers

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