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Communications Government

No, the FCC is Not Forcing Consumers To Pay $225 To File Complaints (washingtonpost.com) 119

Having your voice heard at the Federal Communications Commission could soon cost you hundreds of dollars, according to congressional Democrats Tuesday who oppose a looming rule change by the nation's top telecom and cable regulator. But that may not be the case after all, a review of the FCC proposal shows. From a report: At issue is a proposal that the FCC is expected to vote on Thursday that looks at the agency's process for handling "informal" complaints -- the kind you might file if you've received an unwanted robocall or if you've heard something indecent on the radio. Under the proposal, the FCC could soon pass the informal complaints it receives directly to the companies that consumers are complaining about, the lawmakers said in a letter to FCC Chairman Ajit Pai. That might result in FCC staff no longer reviewing those submissions, they said. And customers who receive no relief from the companies would then be forced to lodge a "formal" complaint at the FCC, an existing procedure that costs $225.

"To advise consumers that they file a $225 formal complaint if not satisfied ignores the core mission of the FCC -- working in the public interest," wrote Reps. Frank Pallone Jr. (D-N.J.) and Mike Doyle (D-Pa.). The controversy was first reported by the Verge. Staffers for the House Energy and Commerce Committee did not immediately respond to a request for comment. The FCC said in a statement that the lawmakers had misunderstood the proposal. "The item would not change the Commission's handling of informal complaints," the agency said.

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No, the FCC is Not Forcing Consumers To Pay $225 To File Complaints

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  • From the summary it seems that a regular complaint is still free, but now it will go straight to the company whose offense triggered a consumer to lodge a complaint. If they don't do anything to improve on the situation and the consumer wants to see something happen, the next option is the $225 formal complaint.

    In other words it appears that if you want the FCC to do something other than just pass the complaint on and wash their hands of it, you will pay $225. If you're OK with that then you can still complain for free.
    • by HiThere ( 15173 )

      Except that the informal complaint may not be either seen or evaluated by the FCC staff. So it sounds like what they're doing is changing the informal complaint into a marketing tool for companies.

      So the truth isn't in the middle, but much more to "The Democrat complaints were accurate" side, even though they clearly misstated the process. What's really happening is that the FCC is going to "worse than ignore" informal complaints, and you'll need to pay $225 and file a formal complaint if you want them to

      • by raymorris ( 2726007 ) on Wednesday July 11, 2018 @04:31PM (#56931148) Journal

        Here's the old / existing version:

        Â 1.717 Procedure.

        The Commission will forward informal complaints to the appropriate carrier for investigation. The carrier will, within such time as may be prescribed, advise the Commission in writing, with a copy to the complainant, of its satisfaction of the complaint or of its refusal or inability to do so. Where there are clear indications from the carrierâ(TM)s report or from other communications with the parties that the complaint has been satisfied, the Commission may, in its discretion, consider a complaint proceeding to be closed, without response to the complainant. In all other cases, the Commission will contact the complainant regarding its review and disposition of the matters raised. If the complainant is not satisfied by the carrierâ(TM)s response and the Commissionâ(TM)s disposition, it may file a formal complaint in accordance with  1.721 of this part.

        A quick summary of the old/existing process:
        The FCC informs the company of the complaint. If they don't resolve it, the consumer can file a formal complaint ($255)

        In actual practice - the FCC logs complaints to a database and acts when there are many similar complaints against a company, or similar companies.

        And the new version:

        1.717 Procedure.

        The Commission will forward informal complaints to the appropriate carrier for investigation and may set a due date for the carrier to provide a written response to the informal complaint to the Commission, with a copy to the complainant. The response will advise the Commission of the carrierâ(TM)s satisfaction of the complaint or of its refusal or inability to do so. Where there are clear indications from the carrierâ(TM)s response or from other communications with the parties that the complaint has been satisfied, the Commission may, in its discretion, consider a complaint proceeding to be closed. In all other cases, the Commission will notify the complainant that if the complainant is not satisfied by the carrierâ(TM)s response, or if the carrier has failed to submit a response by the due date, the complainant may file a formal complaint in accordance with  1.721 of this part.

        A quick summary of the proposed process:
        The FCC informs the company of the complaint. If they don't resolve it, the consumer can file a formal complaint ($255)

        In actual practice - the FCC logs complaints to a database and acts when there are many similar complaints against a company, or similar companies.

        • Mine are as follow : "In actual practice - the FCC logs complaints to a database , company ignore the complaint and forward it , and FCC DO NOT acts when there are many similar complaints against a company, or similar companies and will now ONLY start to act when there is a formal $225 paid complaint".
          • Mine are as follow : "In actual practice - the FCC logs complaints to a database , company ignore the complaint and forward it , and FCC DO NOT acts when there are many similar complaints against a company, or similar companies and will now ONLY start to act when there is a formal $225 paid complaint".

            In other words, the FCC continues to operate like any other government agency when not given a carrot, and the only change is that they perhaps finally admit it.

          • You're entitled to your own opinion. Not to your facts.
            Here are 87 FCC enforcement actions from the last six months.

            https://transition.fcc.gov/eb/... [fcc.gov]

          • I agree that's probably it in practice.. Where I may disagree is "will start to act", with, might think about it. I suppose I'd need to see the 1.721 part refrenced, but what exactly does a formal complaint force them to do besides look at it.
    • ...snipsnip... a regular complaint ... will go straight to the company whose offense triggered a consumer to lodge a complaint. ...snipsnip...

      Which is totally useless. The f**king swine who call me don't ever give their real name or use their real phone number. None of the calls are from the company they reference or claim to represent. I do not have the resources or knowledge to track down the parties responsible.

      This is an important message for Wyndham rewards members. Your membership was selected to receive a complimentary, all-inclusive vacation. For further details, press "1" now.

      This is Lisa calling in regards to your credit card accou

    • by fedos ( 150319 )
      The informal complaint is still free, but now they'll just be ignored. So anyone saying stupid shit like "No, the FCC is Not Forcing Consumers To Pay $225 To File Complaints " is lying.
  • by rsilvergun ( 571051 ) on Wednesday July 11, 2018 @02:55PM (#56930694)
    The FCC is reading and working informal complaints now. The proposal is to stop doing that and just pass the complaints on. I can be ignored by my phone company and ISP all by myself, thank you very much. If I'm contacting the FCC it's _because_ I'm being ignored. This let's the FCC ignore the complaints unless you pay $225 bucks. It's practically a poll tax.
    • by jwhyche ( 6192 ) on Wednesday July 11, 2018 @03:42PM (#56930914) Homepage

      So basically, the next time comcast starts fucking with me and I need to file a complaint, unless I want to pony up 225 clams, I might as well print it out, stick it up my ass, and set one end on fire. What good is the FCC now anyway?

    • this brings up an interesting question. Here on /. we're used to not RTFA (reading the f****** article). We took that up a notch years ago and started not RTFS (Reading the f****** summary). Progress continued as progress does and now we don't even RTFS (Read the f******* Summary). At last we've reached what I would call "Late stage Slashdot" where even the Subby doesn't RTFS.

      I'm not sure where we go from here. Does subby not RTFH (Read the f****** Headline)? And even if we can achieve that, what then?
  • by EndlessNameless ( 673105 ) on Wednesday July 11, 2018 @03:04PM (#56930732)

    Most working class people cannot afford to throw $200+ toward a complaint that might help them deal with a big business---if there is a legal basis for intervention, which, of course, they have no way of knowing without consulting a lawyer.

    A decent chunk of people couldn't throw $200+ toward a complaint even if it would definitely result in action.

    If the FCC is supposed to oversee the telecom industry in the interest of the public, then this is a great way to slough off one of its fundamental responsibilities. Removing consumer protections often provokes outrage, so apparently the new plan is to simply render the protections meaningless or difficult to invoke.

    Has anyone started a pool on how much Pai gets paid by Verizon when he's hired after stepping down from the FCC? I want in on that action.

    • by mysidia ( 191772 ) on Wednesday July 11, 2018 @03:16PM (#56930778)

      A decent chunk of people couldn't throw $200+ toward a complaint even if it would definitely result in action.

      Yeah... it shouldn't cost a net $200 to complain.... Or if it does cost $200; the FCC should pay a BOUNTY to citizens raising a complaint unless it is investigated and found to not have merit. For example: Pay $200 to complain, and if investigation shows the complaint is valid, then the company should be fined or required to pay a settlement plus the investigative, administrative and FCC legal costs, and the complainer(s) that resulted in that investigation receive a payment of 2% of the resulting fine or settlement, but no less than $1000 for a founded complaint.

      • Pai is making the government more _useful_. It's just a difference of opinion regarding for whom it should be useful. Pai thinks it's the wealthy oligarchs who pay him and you seem to be of the opinion that it's the people who elected his boss (Donald Trump). See, just a difference of opinion really...
    • Most working class people cannot afford to throw $200+ toward a complaint that might help them deal with a big business---if there is a legal basis for intervention, which, of course, they have no way of knowing without consulting a lawyer.

      The way the Republican leaders see it is, if you've been wronged by a business, you should sue them. The obvious problem with this mentality is that it creates a society where only the wealthy have consumer protection.

      If you've ever had the unfortunate experiences of dealing with the types of businesses which cater to low-income people (buy-here-pay-here car dealers, payday loan brokers, prepaid phone dealers, etc.), it becomes readily apparent why government enforcement of consumer protection laws is nece

      • by dryeo ( 100693 )

        No, now a days the end user agreements that you have to agree to say no suing. You have to go through arbitration now. Don't worry, they swear that the arbitrator they hired isn't biased.

  • by PopeRatzo ( 965947 ) on Wednesday July 11, 2018 @03:13PM (#56930762) Journal

    If you read the article and the rebuttal statements from the FCC, it appears this is the new policy:

    You will still be able to file an "informal" complaint, but those are the ones that just get forwarded to the spam folder at the company you're complaining about and ignored entirely by the FCC.

    However, if you want to file a formal complaint to the FCC, you will be required to pay $225 at the time you file your complaint, which will then be forwarded to the spam folder at the FCC before being completely ignored.

    If you want to form a complaint that won't be ignored by the FCC, you must be a registered lobbyist for the telecom industry, be a member of a Trump Country Club, or god you must be new here, get the fuck out before we call security.

  • by Locke2005 ( 849178 ) on Wednesday July 11, 2018 @03:14PM (#56930768)
    I called Novell once to report a bug in their software... they asked me for a credit card number, as obviously reporting a bug was using software support services that the billed $200/hr for! (For the record, they were clearing interrupt flags on return from interrupt instead of saving and restoring the state of the flags, meaning that interrupts disabled before entering Novell code were mysteriously enabled after. They also told me, "I'm going through the Windows code, and we've already fixed that issue!" Sure... but not in any code that was available for me to use!
  • by Anonymous Coward

    Regulatory (see executive in the vast majority of cases) agencies will always be used politically in this way. The general idea is this:

    Contrary to the constant attributions to Hitler and racists, conservatives will always look to shrink the size of government and the associated costs. Regulatory agencies, not established or checked by congress due to their very nature of being birthed by the executive (IRS, FBI, EPA, ICE etc etc) are almost entirely at the mercy of the currently sitting executive. This mea

  • I've had to contact the FCC a few times, and all it did was increase my frustration at the situation at hand. A lot of time filling out forms, with zero impact on anything.

    $225 is sufficient to keep me from hoping that they just might actually be effective the next time around.

  • Either way, the FCC will still ignore individual informal complaints for free and ignore individual formal complaints for $250.

    (The Citizens United ruling makes corporations "people" but sadly, contrary to the Declaration of Independence, apparently not all people are created equal in the eyes of our various governmental agencies and representatives.)

  • by argStyopa ( 232550 ) on Wednesday July 11, 2018 @05:15PM (#56931350) Journal

    ...you're suggesting that congresspeople of the opposition party may have "misunderstood" (accidentally or deliberately) and then used that "mistaken" information to gin up outrage?

    Hm. Can't imagine that happening in America.

    • It's only a misunderstanding if you stop at the headline and don't manage to read the summary.

  • by Ungrounded Lightning ( 62228 ) on Wednesday July 11, 2018 @07:11PM (#56931930) Journal

    What bugs me is that the federal law preempts civil suits against the likes of phone spammers, those who ignore the do-not-call list, etc.

    My family has our land lines on the do-not-call list and yet is running a higher ratio of junk to real calls than junk to real snail mail, and the robocallers are starting to show up on our cellphones (which is supposedly strictly a no-no).

    If we could civil-sue the offenders (say, in small-claims court) for damages in the form of the cost of our time and resources in receiving those calls, we could recover at least some of our losses, while the offenders might think twice about re-offending. But we can't, because the federal government preempted such suits, and then doesn't take effective action against the offenders, so the level of offence, and resulting damage, explodes.

    It seems to me that such preemption might constitute a "taking" under the Fifth Amendment (for the alleged "public purpose" of avoiding crippling legitimate businesses with bogus suits from disgruntled customers when they make a legitimate phone contact).

    If so, the Fed owes us all a lot of money.

    Anyone up for running a class-action to recover that? B-)

  • ... after I filed an informal complaint to the FCC about their data usage calculations and trying to sell me on a much more expensive plan ($40 per line per month for four lines). I asked them how they knew about my complaint and the guy whoâ(TM)ll called said they saw my name and cell number on the complaint. So companies are either notified, or they monitor the complaint stream.
  • The FCC said in a statement that the lawmakers had misunderstood the proposal. "The item would not change the Commission's handling of informal complaints," the agency said.

    And if there's one thing the Pai FCC is known for, it's telling the truth.

  • A politician tells lies to spread fear to gain or hold power. Golly! When has that ever happened before?

A morsel of genuine history is a thing so rare as to be always valuable. -- Thomas Jefferson

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