Dad Takes Stand Against Rogers Over Texting Charges

Posted: 04/16/2012 6:12 am Updated: 04/17/2012 5:26 pm


A B.C. father has refused to pay a $1,400 bill received from Rogers after his teenage son was charged for sending hundreds of texts to his girlfriend, despite a contract that includes unlimited texting in Canada.


"I thought he could text a thousand times a day, because that’s perfectly fine. He’s covered for all of Canada," said Alex Dunsmore of Kamloops, B.C. "His girlfriend lives four blocks away."


It started when Dunsmore's son's girlfriend downloaded a "free" texting app — from a U.S. company called HeyWire — to send free texts anywhere. When Dunsmore’s son Ryan texted her back, he had no idea it would incur a charge for long distance texts, routed through the U.S. then to his girlfriend in Canada.


“He was responding to a text.… He thought he was just texting down the street,” Dunsmore said. “Obviously it took a long, different path [via] Arlington, Illinois."


Over 1,000 texts sent


Dunsmore said Rogers allowed 1,300 of those texts to go through in one month — all to the same number — without informing him his son's $35 "unlimited" texting plan was going way over the basic charge.


“Why was I not notified, as the legally responsible person in this contract, that there was suddenly this atypical spending?” Dunsmore asked.


He said this type of long distance texting should trigger a notice to the customer, similar to the one sent when cellphone customers leave Canada and face roaming charges.


“I think that somebody somewhere has decided not to [notify customers] about this because they don’t have to.”


When Dunsmore got the bill — $400 for one month, including the texts — he complained to Rogers and refused to pay for that portion.


“I think it’s a deliberate process on Rogers's part to try to get more money out of their clients,” he said.


Dunsmore continued to pay for the services he signed up for. He appealed to Rogers to forgive the texting charges, he said, but got nowhere. He said the company told him his son should have recognized the U.S. area code on the number his girlfriend was given by the app provider.


Dunsmore pointed out that his 16-year-old doesn’t know all the area codes inside or outside Canada, and that Ryan's girlfriend told him it was a special number for free texting.


“She feels pretty bad. Not that it’s her fault or anything,” Ryan Dunsmore said.


'No charge' to app user


Ryan’s girlfriend had downloaded the app on her iPod through the iTunes App Store. HeyWire’s advertising on its App Store page says there is "no charge to you even if your friends don’t have the app."


"Both parties are thinking it’s free," Alex Dunsmore said. "There is no notification on her end, either. As far as she’s concerned, she’s texting for free."


Because the texting charges went into arrears, Rogers eventually cut off both Dunsmore's son's and daughter's phones — and charged him $800 for "cancelling" the contracts. (Dunsmore doesn't have his own cellphone).


"They charged me $400 [each] because the contract was terminated early. But they were the ones that terminated it because I simply didn’t pay the money in dispute," he said.


Rogers told CBC News in an email that it’s up to parents to monitor their teen’s usage.


"I recognize that the customer may find this frustrating," spokesperson Leigh-Ann Popek wrote. "But the account holder is ultimately responsible for the account. We do not monitor how many texts or calls customers make. But we offer the tools to allow our customers to keep a close eye on their usage.


"Customers are able to see their current usage through our free Rogers MyAccount app on their device or online at www.rogers.com. This is especially helpful for parents."


'A lot of money in it'


Vancouver app developer and industry commentator Ian Bell said he believes it’s in Rogers's financial interest not to inform parents when these kind of charges are mounting.


"Carriers need to do a better job of helping people understand when they are incurring these charges as they are happening. But they are not, because there’s a lot of money in it."


Rogers said it has no business relationship with HeyWire and does not share in any revenue generated from people downloading the app. "Rogers would not be compensated by HeyWire, nor would we compensate HeyWire for any downloads, users, usage of their application," Popek said.


However, telecom companies do get a cut of the long-distance texting charges billed to their customers.


"Part of the long distance charge goes to Rogers, part goes to the U.S. carrier," said Marc Choma of the Canadian Wireless Telecommunications Association. He said Canadian telecoms don't reveal how much their cut is, even to him.


Choma also said the popularity of texting has exploded, especially among teens. Last year, he said, 78 billion texts were sent from within Canada, compared to 56.4 billion in 2010. He said he doesn't know how many of those texts were sent via apps.


Companies 'always looking for another sucker'


Commentator Bell said telecoms and app marketers count on customers blaming themselves for excessive charges and simply paying the bills.


"People get caught in it, then they stop using the app forever and then they move on," Bell said. "These [app] companies are always looking for another sucker."


Dunsmore’s bill from Rogers — for the texts, contract cancellations and other fees — eventually reached almost $1,400, and was sent to a collection agency, but he said he won’t pay it out of principle.


Since he went public with his story, Dunsmore's texting charges have been cancelled by Rogers, but he remains on the hook for the cancellation fees.


"Cellphone companies are getting a reputation, and I believe rightly so, of actually bullying people around," he said. "This is about what is reasonable and what is right."


Also on HuffPost:

THE 10 MOST EXPENSIVE COUNTRIES FOR BROADBAND INTERNET
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  • 10: Iceland

    <strong>Average price per month, Sept. 2010: $54.71.</strong> (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

  • 9: Hungary

    <strong>Average price per month, Sept. 2010: $55.31.</strong> (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

  • 8: Norway

    <strong>Average price per month, Sept. 2010: $55.90.</strong> (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

  • 7: Spain

    <strong>Average price per month, Sept. 2010: $55.97.</strong> (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

  • 6: United States

    <strong>Average price per month, Sept. 2010: $57.36.</strong> (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

  • 5: Canada

    <strong>Average price per month, Sept. 2010: $62.91.</strong> (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

  • 4: Israel

    <strong>Average price per month, Sept. 2010: $65.42.</strong> (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

  • 3: Luxembourg

    <strong>Average price per month, Sept. 2010: $74.76.</strong> (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

  • 2: Chile

    <strong>Average price per month, Sept. 2010: $79.89.</strong> (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

  • 1: Turkey

    <strong>Average price per month, Sept. 2010: $84.14.</strong> (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

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    (<em>All numbers are in U.S. dollars, based on connections between 15 Mbps and 30 Mbps. Source: <a href="http://www.oecd.org/document/54/0,3343,en_2649_34225_38690102_1_1_1_1,00.html" target="_hplink">OECD Directorate For Science, Technology and Industry</a>.</em>)

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A B.C. father has refused to pay a $1,400 bill received from Rogers after his teenage son was charged for sending hundreds of texts to his girlfriend, despite a contract that includes unl...
A B.C. father has refused to pay a $1,400 bill received from Rogers after his teenage son was charged for sending hundreds of texts to his girlfriend, despite a contract that includes unl...
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This user has chosen to opt out of the Badges program
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12:36 PM on 04/17/2012
Rogers and Bell are legal scam artists in my experience. Don't believe the ads.
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HUFFPOST SUPER USER
PatientZeroBeat
Dying since 1962
11:12 AM on 04/17/2012
At least Rogers is only the 2nd worst company I have ever dealt with. Bell is the worst. Mind blowingly incompetent customer service. How are they both still in business? Because of inertia and a defacto monopoly.
This user has chosen to opt out of the Badges program
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11:00 AM on 04/17/2012
Business in general su.cks in Canada. Unpunished corruption on all government levels. No free enterprise, just on paper. Way behind US in development and I don't get why. 4500km of border, TV and stuff and still like on different planet.
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MJinCanada
Safe from zombies until my 2nd cup of coffee
10:39 AM on 04/17/2012
Rogers also has a boatload of complaints about its own extra charges and "contracts" that basically say in the fine print "we'll charge you whatever we darn well please and without notice" even when the contract is sold as a "guaranteed fixed rate."

My oldest son is waiting for his Rogers plan to expire so he can go on SaskTel.
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GeoToronto
Nik Nak Paddy Wak, Still Ridin' Caddy-Laks
10:26 AM on 04/17/2012
Sometimes I fantasize about not owning a cell at all.
I got my first cell phone about 15 years ago, for the previous 33 years I lived a good life, why can't I do it again?
This user has chosen to opt out of the Badges program
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PortlandZoo
Wait... what?
09:38 AM on 04/17/2012
it's Rogers. I don't know a person who HASN'T had a screaming match with them. They lost me as a customer more than 10 years ago.
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HUFFPOST SUPER USER
PlayTOE
Morals evolved due to cooperative group living
03:37 AM on 04/17/2012
So a "free texting" app is not free at all ...
Rogers should have sorted this out with the customer before loosing business and probably the small claims case.

Ideally on a "smart phone" it should be smart enough to let you know when you are incurring extra charges, not keeping you blindly in the dark till you have a whopping bill.
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Spanky McFarlane
ILLEGITIMUS NON CARBORUNDUM.
02:22 AM on 04/17/2012
Rogers told CBC News in an email that it’s up to parents to monitor their teen’s usage, but they also told him his son should have recognized the U.S. area code on the number his girlfriend was given by the app provider.

Contradiction or a Rogers rip off?
cdnman
Still a free spirit...
01:23 AM on 04/17/2012
Whatever happened to talking in person?
03:52 AM on 04/17/2012
::slow clap::
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HUFFPOST SUPER USER
o3mta3o
01:00 AM on 04/17/2012
what they don't say here is if the kid was texting to a local number. if he was just doing that, and it was being rerouted in the background then i'm 100% with the dad. he should not be on the hook. most people get unlimited text messaging so they don't have to obsessively monitor texting. and there is NO WAY to confirm that your text is being routed via a 3rd party internationally until you get the bill and dispute. this seems to be how it played out and i think rogers is gonna fight tooth and nail to get a years worth of payments on one bill.
12:33 AM on 04/17/2012
Cell usage and billing is a ripoff in Canada. Its an oligarchy that would make the mob proud
sunnydee07
"Your micro-bio is empty". Yes, yes it is.
07:05 PM on 04/16/2012
Consumers have to be more aware of who they are contracting services with. These days your communication provider isn't responsible for everything you do on your smart phone. If you have an app, you'd sure as h*ll better understand what you're downloading and what you'll be paying. It's more of a mini-computer now than just a phone. You'd never expect the provider to call you and warn you you're downloading too much on your desk computer or laptop.

Educate yourselves and especially educate your kids. It will save you from these types of mistakes, and prepare the kids for when they are financiall responsible for their own bills.
09:10 PM on 04/17/2012
I don't know about your provider, but mine DOES send me a message when I'm downloading too much. More specifically an alert that I've reached my limit for the month, and each subsequent GB is going to cost however much extra.
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Blodo
Time to build a better world
06:20 PM on 04/16/2012
A contract is supposed to be a "meeting of minds". If one party can not reasonably be expected to know all the conditions of the contract, then I can't see how they could be held to the contract when those conditions prevail. Rogers should be making it job number one to keep their customers informed when extra charges are applying.
sunnydee07
"Your micro-bio is empty". Yes, yes it is.
07:08 PM on 04/16/2012
I'd agree except a contract is what you agree to, not necessarily a meeting of minds. Every app has a Terms and Conditions page that you have to agree to.

How many people ACTUALLY read it? If you did, you'd know exactly how much you're agreeing to or what you're on the hook for. Most people just go "yeah, whatever' and hit the Agree button.
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Peas Family Buffet
It's simple...right or wrong!
04:31 PM on 04/16/2012
iphone is the worst phone!
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HUFFPOST SUPER USER
o3mta3o
12:56 AM on 04/17/2012
they have the same apps on android.
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HUFFPOST SUPER USER
Peas Family Buffet
It's simple...right or wrong!
04:23 PM on 04/16/2012
Get a Blackberry and set them up on BBM. It is always free. I wish Canadians supported more Canadian businesses rather than Apple or Droid products. Perfect example of more Crapple Fart apps.
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HUFFPOST SUPER USER
Thalin Lea
12:10 AM on 04/17/2012
The problem is not that Canadians do not support Canadian businesses, the main issue is that CANADIAN BUSINESSES DOES NOT SUPPORT CANADIANS, or you did not get into the article as a clear example ? I have purchased a Blackberry cheaper in the States than here.. kind of pathetic.
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HUFFPOST SUPER USER
Peas Family Buffet
It's simple...right or wrong!
10:32 AM on 04/20/2012
I would have to agree with that comment. BCE BELL TELUS RODGERS SHAW and all the other mobile telco companies have $$ and data plan $$ floating in their heads. Blackberry is not the big money maker for them. Sad if city of Kitchner goes down.