mifi data theft, fraud by verizon class action lawsuit 2012

[pzedoffatverizon]

i think its high time, mifi and verizon data customers start compiling the necessary information (which i have already gathered for my own case) and start organizing a lawsuit against verizon for deceptive marketing , fraud(wire fraud), theft(interception) of data(e.g. the mysterious 3gb per month data overages experienced by numerous customers. anyone who has anything to add please feel free, lets use this opportunity to narrow down this issue and get some results.....time for verizon to open its wallet i personally am tired of being stolen from and im tired of paying $270.00 a month for a crap connection and crap reception with 7kbps transfer rate. 1 phone and one mifi device.

[John_Getzke]

Before you start paying the lawyers take a good look at the contract that you signed.  You will see that litigation through a class action lawsuit is not possible.  Your only option is small claims court where you can approach VZW as an individual and only for your bill.  There are numerous threads out there that will tell you the same thing.

Hope is not lost.  Someone recently sued ATT and won under similar conditions that ATT imposes on its customers.  Visit his website for the details on how he did it:

http://taporc.com/

[pzedoffatverizon]

john thanks for the information, the small claims option is a plausible alternative...i am wondering how when verizon has already nullified any contract that any provision to which i would be held would even be effective? (just trying to stimulate some discussion)  as for paying lawyers i have only three words "Pro Se Litigant".

[John_Getzke]

Take a good look at the contract.

Sounds like the website that I linked you is right up your ally.

[RidgeRider]

Thanks for the link, John. If I ever get back on Verizon's network AND not encounter overage charges, I will check it out closer. Wade

[boboko]

On 3.30. at 12.52 I had 90% warning (5GB data plan). I IMMEDIATELY LOOKED up the email from Verizon (I have a Google email messenger that made me aware right away. No good. Just SEVEN minutes later, while checking my usage at Verizon.com at 12.59 I was already over 100%.

THE FOOLS WANT TO TELL ME  THAT I USED 500MB OF DATA IN SEVEN MINUTES !!!!????

Even in ideal conditions you cannot have such a volume of traffic!

(They claim I used close to one GB (0.87GB) in just thirty minutes after 12.30..IMPOSSIBLE)

On plain vanilla TEXT surfing? (I was NOT downloading/uploading ANYTHING) THE ONLY thing I did between 90% warning and 100% in next seven minutes was that I logged in into my Verizon account to check up what was going on. To find out it was already LATE!. (I switched the hotspot off immediately...still got 5.017GB. So checking my data usage ALONE cost me 500MB in DATA!!??????

THEY ARE STEALING FROM ME.

I am in a mood of smash the hotspot against the wall.

If they do not make good on this atrocious demand I may well do so. This is theft, abuse, scam.

There is NO explanation for this pattern. I run a thorough scan of my system if perchance I may have a virus or something bad with my computer that would run up the traffic. The deep scan took ten hours - nothing found.

It is simply no way such a heavy volume could run up so fast 

....I am NOT paying $50 a month to be able to check up my account information at Verizon  ten times and be done and over 5GB JUST FOR THAT.

....I am not paying $50 for ...several hours of PLAIN surfing. (NO streaming/downloading...NADA)

[askjeeves]

You need to take into effect that, hello, that information is not exactly real time. It could've taken a few minutes to get to you. Chill.

[John_Getzke]

The emails are not sent in a timely manner as we have seen in various threads before.  VZW does make an effort to inform you but the response time is not immediate.

For example, if you call the 1-800 number and check your data consumption you will see that VZW will only report on the previously completed session.  Sessions can take between 20 and 60 minutes to complete in my experience.  If you ask VZW for a data report the report will display the same behavior.  The data that they report on is not real time so your email notifications will not be in synch with your usage at the time you recieve them.  Depending on what you were doing at the time it is very possible to be well over 100% of your data plan by the time the email notification kicks off for hitting 90%.

Data is consumed everytime your MiFi requests anything from the VZW network.  Data could be traffic from a website that you initiated on your own.  Data could also be updates from Microsoft, Adobe, video games, etc that run in the background automatically and without your knowledge.  This is nothing specific to a MiFi, it is how computers interact with the networks they are connected to. 

[boboko]

My point stays. I DID NOT USE THE DATA.

There is no way I could splurge 0.87 GB  (the usage I saw reported after the delay period) in just under 30 minutes.

I DID NOTHING. Literally. I just opened my browser and went to SEVERAL web pages. Not hundreds - you cannot make that much in a couple of minutes.

I DID NOT UPDATE nothing. There was NO update running at that time (I have update log in Microsoft and NO update was downloading at that time; there was NOTHING for Adobe and Zone Alarm also did NOT update at that time.

Half a gig of a download would be a hell of an update!

I was extremely cautious NOT do go over limit as there were similar unexplainable charges to me in the past of the same billing period. I was supposedly downloading something as huge as 1.2 Gig in about three hours.  Again, that was plain surfing. NO DOWNLOAD (Checked the log, did not initiated anything) NO STREAMING, NO VID.  Plain text browsing.

I already elaborated on me checking throughly for any virus/bot or anything  what could be the source of this mysterious traffic. I found nothing.

I DID NO INITIATE it  and do not intend to pay for it - not now and not any time in future.

IF THIS IS THE RATE THEY FEEL ENTITLED TO over CHARGE ME - i.e. if I get in exchange for my $50 severals hours spent on autonomous downloads before I "go over" I AM OUT.

I did not buy this over expensive device for that.

In the past billing periods I did exactly the same what I did this time (as a matter of fact MORE -more day/hours of usage) and got only under 3Gigs.  I was even considering that a cheaper plan would be enough.

By an independent research (discussion at Gizmag and elsewhere) the data plans of ANY big Wireless are overcharged by TWO ORDERS OF MAGNITUDE. That is the real cost of providing the service is just about 1% of what they make on charges and fees. This just adds to my overall aggravation with this whole matter.

To make a point I may well still smash the sucker against the wall. Irrational, sure. But a point it makes.

Then post on You Tube.

[boboko]

Not smashing the hot spot yet:). I am getting the abnormal data volume investigated.  It looks like I still can work with the support on this issue. I am really curious what transpires. (A bot? A hacker?)

I DID NOT initiate this mysterious volume.

[John_Getzke]

I'd be interested to know what VZW support asks you to do when they arrive at thier conclusion.  The process that you go through may be helpful to future users if it happens to them. 

Keep us posted on your progress.

[boboko]

It has been several weeks now. I keep getting hit by sudden phantom loads of over 800M from time to time but consistently, which is TWO ORDERS OF MAGNITUDE above my regular usage (plain vanilla browsing w/o any downloads or streaming). I got claim ID # and was told that somebody will get over to me as the pattern is unusual and there is no explanation to it: no updates were going on, I checked the computer thoroughly for possible viruses with deep scan-nothing found, the hotspot is secured with a password. They said "they are themselves puzzled" and want to "investigate it thoroughly." One of the rep even almost admitted it could be possibly something in Verizon system. The end of admissions.

Nobody called. I asked again (after one more case of the same): No admission. "Nothing is wrong on their side."

I am VERY upset about this "resolution."

I will still consider smashing the thing against the wall : just cancelling the service.

(Yes, the device was connected at the incriminated time, I was using it BUT I DID NOT USE THE DATA. This is a shady practice - theft.  )

[wyldblu]

I appreciate the explanation of what circumstances constitute "data usage" when a computer is on, however no-one seems to be able to explain how data is used when (a) the computer is off or (b) the mifi is "off" - there seems to be many many people (myself included) who have been hit with usage charges under these circumstances.  Nowhere in the users manual does it say "WARNING: Turn off the unit when not in use" or does it explain how this thing works. Mine never really turned off - I shut it, it would go back on!  I noticed the thing flashing even when the computer was off - didn't think much of that, becase my modem would do that.  It wasnt until I got hit with a whopping $800 bill that I finally not only pulled the plug but the battery too.  Apparently this thing is using data regardless if the computer connected to it is on or off. Does that make any sense??

[John_Getzke]

I'll take a stab at your questions.

To understand how data is consumed, both while the devices are on and off, one needs to understand how VZW reports on data usage.  Data is logged at VZW in intervals called sessions.  A session can be a few minutes or many minutes long, we dont have a true definition for how they work but they appear to be dynamic.  Whenever the session ends the data is sent back to Verizon for reporting.  Those sessions will not be visiable to the user until after a short delay.  A session does not necessarily end when the device is powered down, it may continue until it is determined to be no longer needed.  Even though the session has not ended the actual data transfer should end when the device is powered down.

With that being said, VZW could give the impression that your device is consuming data while the device is powered off.  However, any mismatches between session times and actual consumption should be relatively close.  You shouldnt have a session sneak into your log several hours after consuming the data, it should be more like 20-30 minutes behind.  When logs and device behavior do not match then VZW tends to swap out the device as defective as the solution.  However, VZW will still try to stick you with the bill as we have seen in multiple threads.  Most can use those log mismatches as leverage to terminate thier contract early without fees or at discounted rates.

Now, the state of being powered on and off is another topic.  Each device has its own behavior and features that determines when the device is powered down, charging, powered on or anything in between.  With the MiFi 4510L we need to look at the colored LED light to know what state the device is in.  The MiFi is off when the LED light is off.  Since E-Ink displays can be deceptive the LED light should always tell us if the device is powered on in any way.  If you leave your device plugged into a wall charger then there is a posibillity that it is not truely powered down or that a step was missed while attempting to power down.

[John_Getzke]

Lets stir the pot a little more...

News from the FCC seems to be fitting to this thread:

http://fcc.us/billshocks

It seems the gov't is trying to regulate online data usage and monitoring.  Not sure if its a solution to the problems posted here but it is a step in the right direction.

[pzedoffatverizon]

i like the way you think..... i m sure there are a few things floating around in legislation that are pertinent to this situation

[John_Getzke]

Suddenly I am reminded of a great site describing one mans battle against ATT:

http://taporc.com/

Now this is not a class action situation, nor is it an overage issue.  This situation deals with Small Claims court and throttling with ATT.  However, it is helpful to see and understand the kind of research and evidence that needs to be present in order to get a carrier to change thier mind.

[wyldblu]

Hello and "Thank You" for your (very informative) reply! I am in dire straights right now over this (because of the dispute over the mifi usage charges, which I refused to pay, they have disconnected ALL my wireless services at the moment) I feel like I'm in a lost battle but I'm not backing down and quite frankly cannot pay $800 for less than 2 months of internet...I signed on for this to save money!

1. I got this to replace my satellite internet for my home computer. I was told it worked the same way as a modem.

I do not use it for travel, i attached it to the computer, plugged it in and that was that. (I've since read yours/other threads that this is NOT a good replacement for home internet...I based my decision on what the sales rep said)

2. Initially, I just left it connected (battery in, but also plugged in) and left it alone regardless of whether or

not the computer was on...

(I never had to shut my modem - if the computer is not on, it's not doing anything)

3. I noticed that even with the computer off (i.e. no one connected to internet), the unit would be flashing various colors. I tried turning it off as per the manual (which is VERY basic). The thing didn't shut off...even after it appeared to shut off (no lights whatsoever), it would mysteriously come back on - flashing lights, between yellow/pink...it looked like it was "doing something" even though the computer was off. I figured it must be just like a cell phone, modem, dvd recorder, or any such electronic device....that it goes into some kind of "standby" mode, but you're only using it when your talking/texting/recording, etc. I didnt give it much thought at first.

4. Untill I got the first month's bill - 37GIG OVER and the customer service rep said I was already 9GIG over and I wasn't even a week into the next billing cycle. I explained this was TOTALLY IMPOSSIBLE - I am hardly even home and/or on the computer - no-one else is here...my job is far away and I am sometimes gone for days. At that time I could count on one hand how many times I had even been on the computer, and my internet use is a little browsing, checking email, facebook, etc.

5. I had them "suspend" the service that day since I wouldnt be home for a few days...I had to unplug it and take the battery out to be sure it was off. Havent used it since. No-one could explain to me how this usage was possible, nor admit that there could be a problem with either their equipment or service. They insisted that "it was used and you have to pay".

I've gotten a different story with each person I spoke to...I have logged more than 20 phone calls and countless hours with customer service reps, tech support, and gotten nowhere, other than now I have no cell phone, no "home-phone connect" (which was supposed to replace my land line) - and each month the bill is getting higher...now they are sticking me with all kinds of cancellation fees, late fees in addition to everything for a grand total of $1500.

6. I appreciate the technical explanations of how these things work - but any advice as to how I can possibly resolve the issue of being wrongly charged for this so-called "phantom usage"? From the get-go, this service was misrepresented, and

it's scary how each sales rep/customer service/tech person gives you different information. Any advice is truly appreciated.

[John_Getzke]

wlydblu,

I can continue to comment on a few of your points.

1. I agree that MiFi's are not a good replacement for home internet connections.  The current state of these devices and the billing requires discipline and education to remain a happy user.

3. The MiFi will continue to charge and be "On" as long as there is a USB cable connected to it.  The E Ink display is relyable as long as there is a power source (battery or cable) to tell you if the device is actively connected to Verizon or not.  Blinking Green or Purple lights always mean that the MiFi is moving data, solid Green or Purple lights mean the device is not moving data.  As I charge my MiFi on USB cable (While turned off) I notice that the LED is blinking Yellow.  Yellow LED.  No data is being consumed in this state even though the LED is blinking.  There E-Ink displays a battery icon that is charging and no wireless signal bars.

4. While it is highly unusual for an individual to consume that much data on a 3G connection (without thier knowledge), a 4G LTE connection could burn through that much data with ease.  Its actually pretty easy to burn up more than several GB of data per day if you are uploading photos or streaming HD movies or music.  For example it took me only 3 days to rack up 5 GB of data on a 3G connection when I first purchased my MiFi. I did that to benchmark what it would take to go over my limit.  Habbits carried over from a always on cable connection can really get you into trouble when applying those same habbits to mobile broadband and tiered usage plans.

5. Benefit of the doubt lies with VZW on this one until you can provide evidence that you did not consume the data.  We all are in the same boat.

6. Heres the advice I share with everyone.  Get the Data Log files from VZW.  Compare the time stamps of the sessions with what you normally would be doing at that time of day.  If your logs show you are moving GB of data during times of the day where your MiFi is either "Off" or you are not home to consume the data then you have a case for compensation.  The problem is that VZW can always say that your MiFi was compromised and that others may have been connecting to it without your consent.  The best counter to that argument is that you live in the country and have no neighbors who could physically come within the 30-50 foot range of the MiFi to consume its services.

When it comes to what has been reported on the forums, most are not able to get out of paying for the overages.  You really have to hammer it into VZW and provide evidence by log or service calls that the device was defective or the towers were broken for them to provice any compensation for your troubles.  The most common solution is a free device replacement.  The next most common solution is a discounted or covered early termination fee.  The least common solution is VZW paying for the overages. Most do not (possibly cannot by contract) report back to us if they are ever successful beyond that.

[queenomarz]

I got the same thing from the tech that sold me my mifi card. I was told that 5G would be plenty for home use. It seems to go in spurts and I don't go over for a month or two, then wham, I go over 9G. I too notice that the card seems to be working all of the time if it's on. I try to remember to turn my card off once I get off the computer. I don't watch videos, use it mostly to do work from home. I asked for a diagnostic check of the card at the Verizon store and they told me i would have to have it checked on from the computer with Verizon tech help. I plan to do that today. I am looking at other options- making my ipad a hot spot instead of the mifi, or making my phone a hot spot. I too think something fishy is going on.

[evdotech]

you might want to get a router to keep track of usage, example a Peplink Balance 20 keep track of your data by month, day, week, or live see where your usage is going see what computers are doing what..

you can get the gear at 3gstore