Disputed charges: consumer denies all knowledge of calls made from a landline

One of the most common complaints received by the TIO is about disputed call charges on a landline account, where complainants argue they have been billed for calls that weren't made from their service.

Clause 6.4.1 of the Telecommunications Consumer Protections Code states that providers ' must ensure and must be able to verify and demonstrate Billing Accuracy'. In investigating billing complaints, the TIO seeks from Member and complainant information that will enable the TIO to verify that a bill is accurate.

In most of these types of complaints, the complainant's provider has already investigated the complaint and determined that charges are correct. The TIO's general aim in investigating a complaint is therefore to review the provider's own investigation to ensure it was adequate, and to examine the results of any testing. In some situations, the TIO might consider that more extensive testing is appropriate and arrange for the provider to conduct this. For example, if there is evidence to suggest that a customer may have been connected to another customer's line at some stage, the TIO will also arrange for a Member to conduct an on-site technical inspection.

Prior to investigating a complaint, the TIO typically obtains the following information from a complainant:

• copy of the disputed account with disputed calls clearly highlighted;
• a list of the people that may have had access to the telephone at the times in question (including the complainant) and, if they believe that no one could possibly have used the phone, an explanation of where everybody was at these times, with evidence substantiating their whereabouts (e.g. attendance records from work or school);
• statements from all adults listed;
• details of anything unusual relating to the telephone service, including when they noticed it and what they did about it;
• a list of the equipment connected to the line (e.g. 1 cordless telephone, 1 computer modem) and the number of sockets in the house (including whether they are used or not).

In investigating a complaint about disputed call charges, the TIO considers:

• the fault history of a service;
• the results of any remotely conducted line test or other test results;
• the nature and extent of the company's investigation, having regard to the appropriateness of technical testing in each case;
• information presented by the complainant to support their case;
• the consistency of information contained in the complainant's written statement with that supplied during initial and continuing contact with the TIO and in the company's customer care notes;
• the complainant's calling pattern, and whether undisputed calls were made in close proximity to the disputed calls;
• the complainant's call history, and whether disputed numbers appeared on previous accounts, or accounts of a mobile service; and
• if it's likely to be useful, additional network data that includes call durations and the A-party number.

In the TIO's experience, incorrect charging for calls is a rare occurrence. Call charge records are compiled electronically, and telecommunications infrastructure and billing systems are generally secure. However, if incorrect charging has happened, there are usually indicators such as particular types of faults. Moreover, the complaint would relate to all types of call charges on an account, not just local or information calls for example.

Complainants will often argue to the TIO in these types of cases that there was a fault on their service that was repaired or went away before the testing occurred and would therefore not show up in any test results. Sometimes complainants argue that someone has "tapped" into their line, something that can occur but which even a full technical inspection may not reveal.

Ultimately, the TIO can only rely on available evidence to make its decisions. If there is no evidence to suggest that a complainant has been incorrectly charged for calls, the TIO usually has no grounds on which to direct a company to waive charges. However, in any given case involving disputed charges, the TIO will consider whether or not to apply its position in relation to 'Unlimited credit - financial over-commitment'.

Last updated: 6 August 2003

>Next: Disputed charges: consumer denies all knowledge of calls made from a mobile