Non-local ('STD') dial-in number complaints

A dial-in number is the telephone number an internet user calls to reach their ISP's Point of Presence, i.e. to connect to the internet. Wherever possible, users select a number that is local to them to avoid running up costly long distance charges.

From time to time, complainants come to the TIO for help because their telephone company has billed them for long distance calls to connect to the internet. Sometimes, complainants argue that their ISP gave them a long distance number; at other times, complainants state that they selected the number themselves but did not realise it was not a local call.

In most cases, and as an exception to its 'bill the biller' policy, the TIO pursues complaints about long distance dial-in numbers against the ISP. The only exception is where it is alleged that the telephone company gave out incorrect advice about the rates at which a call would be charged.

Generally speaking, the TIO considers that an ISP is obligated to ensure that their customers are aware of the need to use a local dial-in number. Where an ISP actually allocates a dial-in number to its customer, the TIO expects that the provider will ensure that a local number is provided, or - where no local number is available - that the customer is aware of the status of the number and of the implications of using it. Where new users are required to select a dial-in number themselves (e.g. if they are connecting via a CD-ROM disk or the internet), the TIO expects that clear and appropriately-placed warnings will be provided to users to ensure that the dial-in number they select is a local call to them. As a secondary measure, the TIO expects ISPs to give out Telstra's call pricing information number and to advise users to call it to check the status of a selected dial-in number.

The TIO will also investigate where an ISP's advertising goes so far as to guarantee, or almost guarantee, that its customers will be provided with a local call number.

In investigating complaints about non-local (or 'STD') dial-in numbers, the TIO will, where necessary, approach the complainant's phone company and ask it to suspend credit management on the disputed call charges until the complaint with the ISP is resolved.

To determine whether or not a complainant should reasonably be expected to pay for long distance charges associated with an internet dial-in number, the TIO will seek and consider the following sorts of evidence:

• details of how the account was set up (over the phone, CD-Rom, on-line etc)
• if the dial-in number was changed, details of when and how it was changed and by whom
• copy of call records showing disputed STD calls
• copy of complainant's contract, if applicable
• if applicable and available, screen dumps of the internet account set-up process (i.e. what the complainant would have seen when setting up the account on-line, or via a CD-ROM, to check for the existence of warnings)
• if applicable and available, original or copy of CD-ROM used to set up the internet account
• if applicable, statement outlining allegations regarding advice or instructions by dealers/customer service representatives, and
• copies of the ISP's customer care notes.

In investigating these sort of complaints, the TIO looks at the websites and/or hard copy contracts, examining the relevant terms and conditions. Additionally, the TIO has regard to the existence, or absence, of warnings or instructions to users regarding the need to select and verify a local dial-in number.

Where there is evidence that an ISP misled a customer or failed to provide adequate warnings and/or advice, the TIO will expect the ISP to reimburse the complainant for some or all of the disputed calls, depending on the circumstances of the complaint and the evidence available. Where there is evidence that a phone company gave out incorrect information about call rates, the TIO will expect the phone company to reimburse the disputed charges.

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