Fraudulent SMS/Text Charges
Dear Arkansas Attorney General Dustin McDaniel (As submitted on the Attorney General’s Consumer Complaint Form),
On March 23 2012, I received 3 text messages on my cell phone from a number I did not know (45244) that appeared to be texting spam. I then found a Monthly subscription attached to my AT&T cell phone bill for $9.99 that referenced this 45244 SMS number.
The AT&T Charge stated:
3/23 Multiple Types: Cost $9.99 Tax 0.00
IQ4CALL8888906150
Short Code: 45244 ID: 35594
Provider: TotalSMSSolUS
Contact: www.att.com/mobilepurchases
Renew Date: 4/23/2012
Total AT&T Monthly Subscriptions: 9.99
The 3 unsolicited text messages suddenly received on 3/23/2012 stated:
Message 1:
IQ Power: Trivia Alerts 3xmsgs/wk at $9.99/mo Enter your PIN on the website: xxxx Msg&Data Rates May Apply info: tinyurl.com/82m8uce Reply HELP for help
Message 2:
IQ Power: Welcome to Trivia Alerts! 3xmsgs/wk Monthly charge billed @ 9.99/mo. Reply HELP or call 8888906150 for help, STOP to cancel Msg&Data Rates May Apply
Message 3:
The sun is 330,330 times larger than the earth. Reply STOP to Cancel for HELP call 18888906150
————————
I did NOT reply STOP because I did NOT initiate such a transaction and replying STOP would charge a text message against my account, I had already been charged 3 text messages to my account for RECEIVING these messages that were unsolicited.
I had to contact AT&T who said they have refunded the funds to my account and applied a purchase blocker to my account to prevent this in the future; however it should never have been allowed in the first place! It took a 15 minute phone call to AT&T to have the funds refunded all while they attempted to change/upgrade services on my account and all I wanted to do was have the funds refunded and make sure this doesn’t happen again, which I should not have had to do in the first place.
I hope the Attorney General’s office will investigate into such fraudulent charges and protect the citizens of Arkansas from dealing with such issues in the future.
UPDATE 4/26/2012:
I received a call from AT&T (Daniel Irwin?) today based on my complaint to the AG’s office. They recapped that they added the purchase blocker onto my cellular account which they state should stop future similar charges. I explained that since my complaint and previous discussion with AT&T on the phone that I have received more text messages from 45244; thus charging against my 200 messages per month quota. I finally replied STOP today again subtracting another text from my quota. I requested to have this number blocked from sending me text messages. AT&T notified me that they do not have the capability to block text messages by sender, they could only block all text messaging. I find this claim rather bogus as they can block phone calls from unwanted numbers. The AT&T personnel attempted to explain that phone calls have caller ID information that they blocked based on, to which I exclaimed that they also receive such information on text messages as their bills show the phone numbers that text me; therefore it is not technically impossible to apply blocking logic to text messages.
I do not feel the phone call was productive and intend to proceed further with the AG’s office if possible. I am also contemplating filing a complaint with the FCC and FTC as well.
I double checked my phone number against the National Do Not Call List and it is listed (and has been since August 2003). The AT&T representative also stated that this list does not apply to text messages.
Update 4/26/2012 5:05PM CST:
I double checked the FCC website and it DOES state that you can file a complaint for “any autodialed text message on your wireless device”… Therefore, complaint submitted and evidence faxed.
UPDATE 4/29/2012 9:00AM
Wow, You can’t tell me this isn’t a problem that should be dealt with. From the comments that I have received, PLUS I just received the following text on my work phone this morning (so this makes it 2 phones in one household):
Message from 45244 4/29/2012 8:15AM
IQ Power: Trivia Alerts 3xmsgs/wk at $9.99/mo Enter your PIN on the website: xxxx Msg&Data Rates May Apply info: tinyurl.com/82m8uce Reply HELP for help
Theft, pure and simple! Our cellular companies that allow this and handle the transaction should be held accountable for allowing this to occur.
(also found the following thread on this issue.. I am surprised there is not a class action lawsuit against the cellular companies for allowing this to happen as they are the company actually charging your account: http://www.smswatchdog.com/text-message-from/45244?l )
