PENNSYLVANIA Wireless company's customers get refund



The state said customers weren't advised they would be charged a network fee.
HARRISBURG -- Cellular One wireless customers in Pennsylvania who had contracts with the company as of July 1, 2000, will be getting some refund checks in the mail.
Attorney General Mike Fisher's office announced that the checks are part of a consent agreement ending a civil lawsuit filed by Fisher's Bureau of Consumer Protection, which accused the cellular phone company of failing to disclose a monthly "network service" fee.
About 40,000 former customers and another 50,000 current customers in 16 northwestern Pennsylvania counties, including Lawrence, Mercer Butler, Crawford and Venango, are entitled to the refunds.
The suit claimed that the company violated Pennsylvania's Unfair Trade Practices and Consumer Protection Law by not informing consumers that they would be billed a monthly "network service" fee.
What suit says
The suit charged that the fee was not included in the print and broadcast ads that were placed throughout northwestern Pennsylvania to promote the company's fixed monthly calling rate plans.
The suit claimed that the monthly charge of $1.99 for digital wireless service and $2.99 for analog wireless service was not included in the terms of the one- or two-year contracts consumers signed for a specific calling rate plan.
The company, from July 2000 through June 2001, collected about $1.5 million in fees from Pennsylvania subscribers, the attorney general's office says.
Fisher said dozens of consumers contacted his office to complain that they first learned about the fee when it appeared on their bill. When consumers contacted the company to inquire about the charge, they were told that the fee was necessary to "maintain their quality of service."
Those who wanted to cancel their contracts were told they would be charged a $200 termination fee, regardless of the length of time remaining on the agreements. The suit also claimed that the $200 termination fee was inadequately disclosed.
Who'll get refund
All former and current customers who were charged the fee will receive refunds in the mail. The attorney general's office did not have a timetable as to when those refunds would be forthcoming.
Former customers will get a flat $20, but current customers will get full refunds if they paid the fees from July 2000 to June 2001.
The company also agreed to pay the state $50,000 for investigation costs and promised to comply with Pennsylvania's Consumer Protection Law. As part of the agreement, Cellular One admits no wrongdoing.
Company representatives were unavailable to comment Tuesday and today.