Before I answer this, let me extend my sympathies. It can certainly be
frustrating to deal with something like this.
Because I don't know where you're located, I'll try to answer this
somewhat generically, and point out where the laws and remedies may
differ according to location. I am assuming you're in the US. If you
aren't, please let me know in a clarification.
A nice, basic overview of credit reporting issues is available online
from the FTC:
http://www.ftc.gov/bcp/conline/pubs/credit/crdright.htm
This covers the subject from a broad perspective, but at this point,
this advice is probably most valuable to you:
"If you want to contest a credit report, bill or credit denial,
contact the appropriate company in writing and send it "return receipt
requested."
When you contest a billing error, include your name, account number,
the dollar amount in question, and the reason you believe the bill is
wrong.
If in doubt, request written verification of a debt.
Keep all your original documents, especially receipts, sales slips,
and billing statements. You will need them if you dispute a credit
bill or report. Send copies only. It may take more than one letter to
correct problems. "
In a nutshell, this is about your only recourse right now.
At this stage, there is little you can do legally. Essentially, Skytel
has not taken any real action against you, such as sending your
account to collections, suing you, or reporting you to the credit
bureaus. All they are doing at this point is sending you erroneous
bills. As such, your actions at this point will have to be somewhat
proactive in trying to prevent them from taking this further.
Your first course of action must be to try to get the attention of a
living human being who has the power to resolve the issue. Calling a
customer billing number hasn't done much good so far, so you'll need
to go up the ladder a bit.
I would recommend sending a letter, return receipt requested, to both
your local sales office and to Skytel's corporate billing offices.
Simply describe the situation as clearly and as unemotionally as you
can. For these purposes, you could probably just modify the question
you posted here slightly.
In the first paragraph, outline the situation broadly--state that you
are being erroneously billed for this amount, and you would like this
to be cleared up immediately.
See this page to locate your regional sales office:
http://www.skytel.com/aboutus/contactus.htm
This page at Hoovers provides detailed information about Skytel:
http://www.hoovers.com/co/capsule/9/0,2163,14149,00.html
According to this page, the VP of Customer Service and Support is
Jim Myers, so you may want to send him a copy of the letter as well,
at the coporate headquarters:
Jim Myers
VP, Customer Service and Support
515 E. Amite St.
Jackson, MS 39201
Another step you might take at this point is to start collecting
evidence. Gather together any paperwork you have that illustrates the
situation, as well as your notes and narrative describing your
communications with Skytel. Any time you contact them via mail, ask
for a return receipt to prove that they received the letter, and save
this, along with a copy of the letter, in your files. If you talk to
them on the phone, you may even want to consider taping the
conversations as well, if this is allowed in your state. If this is
not allowed, simply take detailed notes, indicating the time and
content of the call, as well as who you spoke to.
This page provides a list of the states in which single-party consent
is acceptable for recording telephone conversations:
http://www.pimall.com/nais/n.recordlaw.html
Also take into account where the other party is located. Skytel's main
corporate offices are in Mississippi, a single-party consent state, so
you should be able to record your calls to them (again, assuming that
you are also in a single-party consent state).
If you do choose to record your telephone calls, you'll need to get
the equipment necessary for this.
This website offers a number of different telephone recording devices,
with varying features and prices:
http://www.recordingjacks.com/
You can see their available all-in-one phone recorders here:
http://www.ahernstore.com/phonerecorders.html
And their recording jacks, which hook up to a separate recording
device (such as a shoebox tape recorder) are here:
http://www.ahernstore.com/recordingjacks.html
If you'd prefer just to pop down to the store and pick something up,
Radio Shack also has this basic recording jack, which may be in stock
locally:
http://www.radioshack.com/category.asp?catalog%5Fname=CTLG&category%5Fname=CTLG%5F001%5F001%5F028%5F000&Page=1
IF THEY REPORT YOU TO A COLLECTION AGENCY
If Skytel does report you to a collection agency, there are additional
courses you can take from there. See this overview (primarily geared
toward private parties, but applicable nonetheless) at the 'Lectric
Law Library:
http://www.lectlaw.com/files/cos26.htm
From this page:
"CAN YOU STOP A DEBT COLLECTOR FROM CONTACTING YOU?
You may stop a collector from contacting you by writing a letter to
the collection agency telling them to stop. Once the agency receives
your letter, they may not contact you again except to say there will
be no further contact. Another exception is that the agency may
notify you if the debt collector or the creditor intends to take some
specific action."
So, once the case has gone to collections, you can write a letter (go
to your post office and request a return receipt so you can show they
received it), and tell them not to contact you again regarding the
bill unless and until they decide to take action. This can serve to
force their hand somewhat, as there's little more they can do to
collect but take you to court.
IF THEY REPORT YOU TO A CREDIT BUREAU
If Skytel reports you to a credit bureau, your rights are then
protected under the Fair Credit Reporting Act (FRCA). This page at the
FTC describes your rights as a consumer:
http://www.ftc.gov/bcp/conline/pubs/credit/crdtdis.htm
To address your Dun & Bradstreet account specifically, their FAQ is
here:
http://sbs.dnb.com/sixQuestions.asp
From the section, "How can I be certain the data D&B collects is
up-to-date?"
"If, for any reason, you should question the information received
about a company, a group of dedicated consultants are available to
reinvestigate the information at no charge."
So, if Skytel reports you to Dun & Bradstreet as delinquent, you can
contact Dun & Bradstreet directly to speak to a consultant in order to
have them investigate the claim and arbitrate the dispute.
Dun & Bradstreet's online help file lists the following contact
information for Small Business Support:
email: sbsSupport@dnb.com
phone: (866) 472-7362
IF THEY TAKE YOU TO COURT
Although it's probably pretty unlikely, they also have the option of
suing for the amount they claim you owe in court.
The specific court they could sue you in would depend on your
location, but for these purposes, it would either be small claims
court or civil court. This would depend on the court rules for your
location, as different municipalities have different limits on maximum
claims in small claims court, and different rules for the types of
disputes and awards allowed.
Broadly, though, if you are sued, you should have the option of
countersuing for damages according to your local court rules. The more
comprehensive and accurate your records are, the more likely you will
be to win any case they bring against you.
Because the rules vary so much, general information about the courts
would really be of limited value. However, if you are interested in
learning more, you could try searching on - "small claims court"
[state] - for the state you live in.
As to your final question on how to alert other potential clients to
your complaints, your best bet would be to report their actions to the
appropriate regulatory agencies and consumer information resources. In
this case, you might try the following:
The Federal Trade Commission regulates industry broadly, and tracks
and regulates billing issues, as well as other consumer issues.
Their main website is here:
http://www.ftc.gov
and their online complaint form is here:
https://rn.ftc.gov/dod/wsolcq$.startup?Z_ORG_CODE=PU01
The Federal Communications Commission regulates businesses within the
various communications industries, including wireless providers. They
do not resolve billing problems, as stated on here:
http://www.fcc.gov/cgb/cellular.html#billing
"I'm having billing problems with my cellular provider; who can help
me?
The FCC does not regulate contractual arrangements with cellular
providers, but does handle complaints about wireless service."
However, they will accept your other complaints related to system
outages and failure to provide service. See this page for information
on how to file a complaint, including a link to the online form:
http://www.fcc.gov/cgb/complaintfiling.html
You can also report them to the Better Business Bureau. The BBB office
local to their corporate headquarters in Jackson, Mississippi, is
online here:
http://www.bbbmississippi.org/
You can also file a complaint within your specific region (See
http://www.skytel.com/aboutus/contactus.htm to locate the your
regional sales office.)
Of course, you can also register complaints at various consumer sites,
such as www.epinions.com, as you mentioned. Some others are:
http://www.complaints.com/
http://www.tattletaleconsumerhotline.com/
http://www.consumeraffairs.com/
http://www.planetfeedback.com/
http://www.baddealings.com/
I hope this answers your questions sufficiently. If you'd like more
detail or clarification on any of these issues, please feel free to
ask.
And good luck.
SEARCH TERMS
"consumer rights" billing
erroneous bills
"single-party consent"
"telephone recording"
"corporate credit" disputes
"consumer complaints"
BONUS: In my search on 'erroneous bills,' I uncovered this little gem
I just can't help but share. (The original page is gone, but here's
the Google cache):
http://216.239.53.100/search?q=cache:jyWYlLL1gY0C:www.azcentral.com/news/articles/1010Tuition-TacoBell-ON.html+erroneous+bills&hl=en&ie=UTF-8 |
