[July 02, 2009]

Telcos face chargs for vanishing loads

Jul 03, 2009 (The Manila Times - McClatchy-Tribune Information Services via COMTEX) -- A consumer group on Thursday filed a class suit before the National Telecommunications Commission (NTC) against the country's leading telecommunication companies, or telcos, for allegedly "digitally robbing" mobile phone subscribers.

In a 25-page complaint filed with the regulator, the Cellphone Owners and Users of the Philippines Inc. (COUP) wants the commission to issue a permanent cease and desist order against Smart Communications, Globe Telecom and Sun Cellular of the Digital Telecommunications Phils. Inc. for allegedly imposing "illegal charges." The consumer group is a domestic, non-stock and non-profit corporation duly registered with the Securities and Exchange Commission (SEC) on December 2002. Its members are subscribers of the services of the leading telcos.

The group's members claimed they were victims of the allegedly fraudulent manipulations, schemes and machinations being perpetuated by the leading telcos.

"COUP faces a formidable challenge, but it is surmountable with the support of all of us, making it at a rallying point for demanding change in our society," human rights lawyer Rodrigo Domingo Jr., the group's chairman, said in a statement.

He added that the group was planning to file a similar case before a regular court.

List of complaints Among the complaints of the group's members are vanishing loads, dropped calls, spam messages, delayed messages, illegal charging, charging of calls on a per minute basis, and illegal charges and billings.

"Even just a single centavo illegally collected or charged from each of the unsuspecting subscribers for every call or text message being sent easily translates to millions of pesos illegally collected everyday from the victims of the telcos that have combined revenue of over a billion of pesos daily," according to the group's petition.

As of the end of March, the number of mobile phone subscribers in the country was conservatively estimated at least 70 million.

The consumer grouped said the mysterious and explained disappearance of loads, false advertisement and illegal deductions of loads were tantamount to "digitally robbing" the millions of subscribers of billions of pesos.

"Considering that over a billion worth of e-loads are consumed daily, this method of accumulating value for an account is very convenient for money laundering. This is also a criminal in nature," COUP said in its petition.

The petition added that "the telcos commit the crime of swindling defined and punishable by Article 315 of the Revised Penal Code as amended." Cheating consumers COUP added that its members were victims of call interruptions or dropped calls but were made to pay for the full charge for each call instead of being billed for each second used.

"If this is not 'cheating' it can be called by another similar name like 'digital robbery'," the group argued.

COUP also asked the commission to order Smart, Globe and Sun Cellular to open their books and provide copies of their financial records from prior years up to the present, so the complainants could determine all the alleged illegal charges slapped on mobile phone subscribers.

Representatives of Smart, Globe and Sun Cellular did not issue any statement, saying that they have yet to receive the copies of the complaint filed.

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