Excess download charges

Many ISPs impose limits on usage time or on the amount of data that can be downloaded/uploaded each month, charging additional fees for excess usage. From time to time the TIO receives complaints from consumers who dispute excess download/upload charges, disagreeing with their provider in relation to the amount of data downloaded/uploaded or time spent on the internet.

When investigating complaints about excess usage, the TIO asks the provider and complainant to supply evidence to substantiate their positions. For complainants with a dial-up internet connection, the TIO requests itemised local call reports to show when they were was accessing the internet. In all excess usage disputes (broadband and dial-up), if the complainant is alleging that no-one was home at the times in dispute, the TIO will also seek documentation to support all residents' whereabouts such as copies of work or school attendance records.

If a consumer is billed for and disputes charges for excess usage, these charges need to be verifiable in accordance with Clause 6.4 of the Telecommunications Consumer Protections Code. Accordingly, the TIO will ask the ISP for all data associated with the excess usage, and check for any inconsistencies or anomalies. In the case of dial-up internet, the TIO will also ask the provider, using Calling Line Identification records, to indicate from which telephone numbers the internet account was accessed. Where multiple services have accessed the account, and without revealing the actual numbers, the TIO will ask the complainant to provide additional documentation relating to any of these numbers that may be known to the complainant, such as local call reports and documentation to reflect whereabouts.

Where there is evidence that fraud may have led to excess usage charges being incurred, the TIO will handle the complaint as it handles complaints about 'hacking' or 'freeloading'.

Where there is no evidence to suggest that a complainant has been incorrectly charged, or is the victim of fraud, the TIO 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

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