Taylor Scott

The Law That Was Violated: Mobile Cramming and the FTC Act
When mobile marketing is done right, it builds trust, enhances customer experiences, and drives loyalty. But when it crosses legal or ethical boundaries, the consequences can be severe, not just for consumers, but for companies as well. The case of AT&T and its $88 million refund settlement with the Federal Trade Commission (FTC) is a powerful example of what happens when consumer trust is broken. In 2014, AT&T was caught engaging in a deceptive practice known as mobile cramming—allowing third-party vendors to place unauthorized charges on customer phone bills. This violated consumer protection laws under the Federal Trade Commission Act, and triggered enforcement actions from both the FTC and the Federal Communications Commission (FCC). AT&T allegedly kept 35% of the revenue from these unauthorized charges (Federal Trade Commission, 2016).

The Consumer Fallout: Hidden Charges and Broken Trust
The impact on consumers was both financial and emotional. Many had no idea these charges were on their bills until months had passed, and the amounts—while small individually—added up quickly. This type of deceptive practice undermines consumer autonomy and creates a sense of powerlessness, especially when refunds are hard to obtain. Over 2.7 million customers were affected, some repeatedly, and the average refund was around $31. While that may not seem huge, the breach of trust runs much deeper.
Legal Penalties: Fines, Refunds, and Reputational Damage
For businesses, the legal consequences of mobile cramming can be enormous. In AT&T’s case, the company paid $80 million in refunds as part of a broader $105 million settlement, including penalties and restitution involving the FTC, FCC, and all 50 states (FTC, 2016). But perhaps more damaging than the monetary cost was the reputational hit. In today’s digital world, trust is everything—and once lost, it’s hard to recover.
This isn’t the only example. Companies like T-Mobile and Sprint have faced similar cramming allegations in recent years, each resulting in tens of millions in penalties (Puzzanghera, 2015). These recurring cases reveal a pattern of inadequate oversight and lax ethical standards in mobile billing.
What Ethical Marketers Must Do
To prevent these violations, mobile marketers must adopt a proactive, transparent, and ethical approach. That starts with clear opt-in consent. Consumers must knowingly agree to any third-party services, with a clear description of the cost and recurring nature. Marketers must also provide easy opt-out options, regular billing transparency, and prompt resolution channels for disputes.
From a compliance standpoint, marketers must stay up to date with federal regulations like the Telephone Consumer Protection Act (TCPA) and relevant FTC guidelines (FCC, n.d.). This includes maintaining data security, disclosing terms upfront, and avoiding manipulative subscription tactics. Simply put: ethical marketing means respecting consumer rights at every stage.

The Takeaway: Trust Is the Most Valuable Currency
The AT&T mobile cramming case is a warning to any company using mobile channels to reach consumers. Shortcuts and shady billing practices may bring short-term profit, but the long-term consequences—legal, financial, and reputational—aren’t worth it. Building trust through transparency is not just good ethics—it’s good business.
References
Federal Communications Commission. (n.d.). Telephone Consumer Protection Act (TCPA) rules [PDF]. https://www.fcc.gov/sites/default/files/tcpa-rules.pdf
Federal Trade Commission. (2016, December 8). FTC providing over $88 million in refunds to AT&T customers who were subjected to mobile cramming. https://www.ftc.gov/news-events/news/press-releases/2016/12/ftc-providing-over-88-million-refunds-att-customers-who-were-subjected-mobile-cramming
Puzzanghera, J. (2015, May 12). Verizon and Sprint to pay $158 million to settle mobile cramming case. Los Angeles Times. https://www.latimes.com/business/la-fi-verizon-sprint-cramming-settlement-20150512-story.html

