LLC for services which customers claimed they had neither ordered nor received. NoTP STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL

Transcription

1 STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL IN THE MATTER OF VERIZON FLORIDA LLC AG Case L On or about September the Office the Attorney General hereinafter referred to as the Attorney General and the Citizens the State Florida hereinafter referred to as Citizens filed joint petition before the Florida Public Service Commission FPSC regarding billings made by Verizon Florida LLC Verizon on behalf Discount Network NoTP LLC for services which customers claimed they had neither ordered nor received Docket Verizon has denied the Attorney Generals and Citizens claims and has filed Motion to Dismiss at the FPSC Thereafter the parties entered into negotiations to resolve Docket No TP Verizon is now prepared to enter into this Assurance Voluntary Compliance for the purpose resolving this matter and without any admission that it has violated the law The Attorney General Citizens and Verizon agree to the provisions below Cramming Complaints from Billing Collection Clearinghouses The contracts Verizon with its Billing BC and Collections Clearinghouses expire at the end the second quarter 2008 Accordingly to the extent any the below requirements require modifications to contracts with BC Clearinghouses those modifications will occur in new contracts with BC Clearinghouses after the end the second quarter 2008

2 and upon expiration the current BC Clearinghouse contracts New BC Clearinghouse Contracts Verizon will require each BC Clearinghouse to submit monthly reports the number cramming complaints received by the BC Clearinghouse or an underlying merchant known as subcic in Florida where cramming complaint means complaint by an end user claiming that unauthorized misleading or deceptive charges have been placed on the end users telephone bill User Verizon shall require all BC Clearinghouses to themselves require under the circumstances set forth below that for at least six months lcsh provide to new subcic subscribers in Florida via US mail prior written notice regarding the services purchased the date when charges for such services will begin to appear on such subscribers Verizon bill the amount charges for such services and how subscriber may cancel such service subscription The BC Clearinghouse shall require the subcic to provide any such notice at least seven business days prior to the commencement any service charges BC Clearinghouses shall require lcsh to provide such notification when any subcic or any affiliate or company that shares common ficers directors or owners with such subcic meets any the following conditions the subcic has exceeded its monthly cramming threshold the subcic is the subject any filing issuance or commencement any investigation complaint charge action indictment order or other proceeding alleging cramming or any other improper billing activity by any federal state or municipal law

3 enforcement agency governmental unit regulatory body or judicial authority including the Florida Public Service Commission or Verizon determines that the subcic has engaged in practices that are misleading or confusing to end users subcic Verizon shall for BC Clearinghouses maintain monthly cramming threshold not more than two hundred twenty 220 cramming complaints per month per subcic in Verizons national ILEC service territory which currently is in 28 states and the District Columbia and includes approximately 44 million access lines The number cramming complaints that Verizon receives from end users as well as the monthly cramming complaints reported by BC Clearinghouses under section will count toward this threshold with Prejudice and The Florida Attorney General and the Citizens agree to dismiss their Complaint at the PSC with prejudice Docket No TP and also agree to release Verizon its affiliates and its successors and assigns from any and all claims actions and causes action known or unknown directly or indirectly raised or that could have been raised relating to the Complaint Docket No TP The dismissal motion filed by the Attorney General and the Office the Public Counsel shall provide only that the Complaint is dismissed with prejudice and will not provide the reason for dismissal However the parties expressly agree that this release shall not be construed as an agreement by the Attorney General or the Citizens with Verizons interpretation the Telecommunications Consumer Protection Act Section et seq Specifically the parties shall be free to litigate in cases separate and factually distinct from this one the legal issue telecommunications providers statutory authority under Florida law to

4 bill entities that are not telecommunications or information service providers as those terms are defined The Parties understand and agree that the terms this Assurance Voluntary Compliance and the settlement provided herein are intended to compromise disputed claims to avoid litigation and to buy peace and that this Assurance Voluntary Compliance and the settlement provided for herein do not constitute and shall not be construed or be viewed as an admission by any party wrongdoing or liability such wrongdoing and liability being expressly denied This Assurance Voluntary Compliance may be executed in counterparts All executed counterparts shall be deemed to be one and the same Assurance Voluntary Compliance Facsimile or photocopied signatures shall be considered as valid signatures as the date here although the original pages shall thereafter be appended to this Assurance Voluntary Compliance

5 IN WITNESS WHEREOF Verizon Florida LLC has caused this Assurance Voluntary Compliance to be executed by Alan Ciamporcero on behalf and for Verizon Florida LLC as true act and deed in Hillsborough County Florida this day June 2007 By my signature hereby affirm that am acting in my capacity and within my authority as Manager Verizon Florida LLC and that by my signature am binding it to this Assurance Voluntary Compliance Alan Ciamporce STATE OF FLORIDA COUNTY OF HILLSBOROUGH BEFORE ME an ficer duly authorized to take acknowledgements in the State Florida personally appeared Alan Ciamporcero Verizon Florida LLC and acknowledged before me that he executed this instrument for the purposes stated in it on this 29th day June 2007 Swom and subscribed before me this 29th day June w name NOTARY PUBLIC Print type or stamp commissioned name Notary Public Personally knownvor Produced MY COMMISSION EXPIRES October Bonded Notary Public Underwriters

6 Accepted on behalf the Office Public Counsel this day 2007 Associate Public Counsel OFFICE OF THE PUBLIC COUNSEL 111 West Madison St Room 812 Tallahassee FL Accepted on behalf the Office Public Counsel this day Bureau Chief Economic Crimes OFFICE OF THE ATTORNEY GENERAL The Capitol PL01 Tallahassee FL Accepted on behalf the Office Public Counsel this day 2007 Director Economic Crimes OFFICE OF THE ATTORNEY GENERAL The Capitol PL01 Tallahassee FL