November 16, 2009
LANSING -
Attorney General Mike Cox
today announced a multi-million dollar, 32 state settlement with Internet phone
service giant Vonage, requiring the Delaware corporation to offer refunds to
eligible Michigan customers, make significant changes to its marketing practices
and honor consumer cancellation requests.
Filed this afternoon in Ingham
County Circuit Court, the settlement addresses customer complaints about the
difficulty or inability to cancel their Vonage service. The company formerly
paid incentives to customer service representatives for retaining or "saving"
customers in lieu of cancellation when consumers called to terminate their
service. As a result, consumers reported that cancellation was extremely
difficult and sometimes impossible. The agreement puts strict limitations on
this practice and requires recording and verification of these telephone calls.
The settlement also addresses
additional marketing practices which have led to consumer confusion about the
costs associated with Vonage equipment and service. Specifically, Vonage will
be forced to revise its disclosures regarding the offer of "free" services,
money-back guarantees and trial periods.
"Business practices like these
are unfair to Michigan families," said Cox. "When a business solicits new
customers with advertisements offering a 'free trial period' or 'money back
guarantee' they have an obligation to deliver."
Current and former Vonage
customers across the state are eligible to receive refunds if they were billed
after attempting to cancel their service, attempted but failed to qualify for
the company's cash-back guarantee or signed up for a free trial without being
told there was a minute limitation on their phone usage.
The broad restitution plan
requires Vonage to make refunds to eligible consumers who filed unresolved
complaints with the Attorney General regarding unauthorized charges beginning on
January 1, 2004 and extending until March 16, 2010.
Attorney General Cox's office led
the investigation along with Connecticut, Illinois, Oregon, Pennsylvania, Texas,
and Wisconsin. Other participants in the settlement include Alabama, Arizona,
Arkansas, Florida, Hawaii, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine,
Missouri, Montana, New Hampshire, New Jersey, New Mexico, North Carolina, North
Dakota, Ohio, South Carolina, South Dakota, Tennessee, Vermont, Washington and
West Virginia. In addition to the customer refunds, Vonage has agreed to
reimburse taxpayers in these states a combined $3 million.
Michigan consumers who wish to
file a complaint may do so on-line at http://www.michigan.gov/ag or by writing
to the Consumer Protection Division, P.O. Box 30213, Lansing, MI 48909.
Complete terms of the settlement
agreement ("Assurance of Discontinuance") are available on the Attorney
General's website;
http://www.michigan.gov/ag.
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