Fighting Modem Hijacking

In the wake of a story in the media about a Penticton area woman who was charged $1,100 after her internet modem was hijacked, the Better Business Bureau has released some information on how to prevent it from happening to you.

MODEM HIJACKING

Unexpected Long-distance Charges for Internet Use

The CRTC reminds consumers to be aware of what is known as the “Modem Hijacking Scam”. This scam can lead to unexpected long distance charges on your long distance bill. The information below will provide you with information about how these scams happen and how you can protect yourself against unexpected long distance charges. Finally, the CRTC also reminds you of your rights as a consumer.

How can it happen?
"Free" Internet Services
Beware of chargeable sites!
How to avoid unexpected charges
What to do if you are billed for unexpected charges
Consumers’ rights and responsibilities
Who to contact for help

How can it happen?

The “Modem Hijacking Scam” can lead to unexpected long distance charges on your long distance bill. This can happen when you download some programs such as entertainment programs. These programs disconnect your modem’s connection to your regular Internet service provider and reconnect it to a foreign Internet service provider via an internet long-distance network. Entertainment sites may offer adult content, games, music videos or other forms of entertainment.

Once you accept the entertainment website’s Terms and Conditions, a computer file accesses your computer’s communications software and uses your modem to dial telephone numbers that are often located in foreign countries. This results in long distances charges and/or connection fees from your long distance provider.

"Free" Internet Services

Some companies offer “free” dial-up Internet access. Users should always check the telephone number provided to access the service, especially the area code, to ensure that it is not a long-distance number. The area code consists in a prefix of three digits before the seven digits telephone number. For example, the area code for the Gatineau region is 819.

Beware of chargeable sites!

It is not unusual to see charges of several dollars per minute associated with the use of entertainment sites. Charges may vary depending on the time of day the connection is made, the length of time your computer is connected to the entertainment site, and the applicable rates of your long-distance plan or of the basic toll schedule.

How to avoid unexpected charges:

- Don't download a program from a website or source you don't know or trust.
- Don't assume there is no cost - read all user agreements carefully and fully.
- Don't allow children to surf the Internet unsupervised.
- Don't share your password.
- Don't allow anyone to install programs on your computer without your supervision.
- If you subscribe to a telephone-line dedicated to your computer, ask your local telephone company to restrict long-distance calls made from that line. Telephone companies generally offer the toll restriction service for free, but may charge to remove the restrictions if you change your mind. Check with your telephone company for details.

What to do if you are billed for unexpected charges

- Check your web browser history folder to view a list of all sites accessed from your computer.
- As a precaution, you may want to extend the time a site is kept in your browser's history file from 20 days to 45 days so that the folder is available when you get your telephone bill.
- Check your browser's Help folder for instructions.

Consumers’ rights and responsibilities

a) Definitions

ILEC (incumbent local exchange carrier): the telephone company that was the original monopoly telephone company in your region (e.g. MTS in Manitoba, Bell Canada in most of Ontario and Quebec) or a successor company (e.g. Aliant in the Maritimes and Newfoundland, TELUS in most of Alberta and British Columbia).

Tariffed charges: charges for telecommunications services whose rates are regulated by the CRTC. This includes local service, 911, call display and other calling features you may subscribe to.

Non-tariffed charges: charges for telecommunications services whose rates are not regulated by the CRTC. This includes long distance, Internet services, and wireless telephone service.

Terms of service: set out the basic rights and obligations of both the ILEC and their customers. A copy of the Terms of Service can be found in the introductory pages of the telephone directory.

b) Your rights

Consumers should check the Terms and Conditions of their contract with their long distance service provider. If your long distance service provider is an ILEC, its dispute procedure should be set out in the introductory pages of your telephone directory. In general, ILEC’s dispute procedure outlines consumer’s right to dispute charges on reasonable grounds. If your long distance service provider is not an ILEC, check the Terms and Conditions you agreed to when you signed up with your service provider.

Under their Terms of Service, ILECs may not suspend or terminate local service when a consumer does not pay non-tariffed charges such as long distance charges (see Telecom Decision CRTC 2004-31 for additional information at http://www.crtc.gc.ca/archive/ENG/Decisions/2004/dt2004-31.htm). If your company is an ILEC and you pay only part of your bill (for example, everything but your long distance charges) your ILEC is not allowed to suspend or terminate your tariffed services, including local service, as long as you have paid enough to cover all of your undisputed tariffed charges. In this situation, the ILECs may use other legal means to try to recover the debt they believe is owing, but they cannot cut off your local service.

c) Your responsibilities

A consumer that wishes to dispute any amount showing on their telephone bill should follow the dispute procedure of their service provider. Under the Terms of Service of the ILECs, consumers who disagree with charges on their bill must still pay the undisputed charges of the bill.

Who to contact for help

- First, contact your telephone service provider to investigate your concerns.
- If you are not satisfied with the way your complaint is handled, contact the CRTC toll-free at 1-877-249-2782 or by email using the complaints and inquiries form at http://www.crtc.gc.ca/RapidsCCM/Register.asp?lang=E.