Phone Slamming
What is "phone slamming" fraud?
Slamming is the illegal practice of switching a customer's local or long distance telephone service without authorization from the customer.
Telecommunication carriers engage in telephone slamming by using fraudulent and deceptive practices through telemarketing, telephone surveys, or sweepstake forms. For example, a sweepstakes entrance form may contain fine print stating that by signing the form the consumer authorizes a charge in service. Similarly, telemarketers may use misleading or confusing questions to trick consumers into giving their verbal consent to switching service providers.
The Federal Communication Commission (FCC) has stated that slamming is one of the largest categories of complaints they receive.
Slamming Fraud Law and Regulations
FCC's Phone Slamming Liability Rules
Under the FCC's Slamming Liability Rules, telecommunication service providers must clearly notify consumers of the proposed switch in service and obtain their authorization by providing:
- A toll-free number, which customers can call to authorize the switch in service providers.
- A letter authorizing the switch for customers to sign and return. Known as a "letter of agency," the letter can be either in written or electric form and must clearly identify itself as a letter authorizing a charge in service. The print must be comparable in size to that used in promotional material.
- An independent third party to verify the customer's oral authorization.
Switching a customer's service by any form of authorization that has not been approved by the FCC constitutes slamming. For example, if a customer orally gives their authorization to a telemarketer, without the presence of an independent third party, the authorization is not valid.
Slamming Fraud Class Action Lawsuit
AT&T Slamming Fraud Class Action Lawsuit
Girard Gibbs achieved a $1.5 million settlement providing cash reimbursements for consumers who received unauthorized charges for long-distance service by AT&T. The class action alleged that AT&T engaged in slamming by charging long-distance services on the telephone bills of consumers who were not current AT&T customers and had not requested AT&T long distance.
Report Slamming Fraud to our Consumer Attorneys
Speak with one of our consumer attorneys by calling toll-free (866) 981-4800 or filling out the form to the right.
 Eric Gibbs |
 A. J. De Bartolomeo |
 Dylan Hughes |
 Geoff Munroe |
Why Girard Gibbs LLP?
Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.
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CLASS ACTION FAQs
Q: How do I start a class action lawsuit?
A: Even though class actions often help hundreds or thousands of people, it does not take that many people to get started. Instead, class actions often begin when a single person who has been wronged steps forward. Fill out the form above or call toll-free to speak with an attorney.
Q: How many people are needed for a class action lawsuit?
A: It is not always obvious to an individual whether their problem is grounds for a class action. Generally, there must be many people experiencing the same type of problem. Class action lawsuits often start when one motivated person decides to take action. Fill out the form above or call toll-free to speak with an attorney.
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