Investigation Finding Report

After analyzing the information and evidence from both parties, we determined that the service provider reasonably performed its obligations towards the customer and found no fault in its handling of the issue brought forth.

Issue 1: The customer’s complaint is that the service provider delayed or failed to deliver their final invoice for their mobility account resulting in their account being sent to a third-party credit bureau.

• The customer’s complaint is that they were unable to access their online mobility account to view their last invoice. As a result, they did not pay their account on time resulting in their account being sent to a third-party collection agency.
• The customer added that as they self-identified as a person with a disability, the service provider ought to have taken extra steps in making them aware of the final balance/invoice.
• To determine the obligations of the service provider, we reviewed their Terms of Service and note that the customers can choose if they want to receive their invoice by email or through the mail.
  • The section “When and how will I receive my bill?” indicates that bills come monthly, and all amounts are due on the date you receive your bill. A customer can sign up for email or text messaging. It also states customers can view their bill online at any time, and must have a valid email and active account.
  • The section “What if I don’t pay my bill in time?” stipulates that late payment charges of 3% per month will apply on the total unpaid amount. Customers can sign up for preauthorized payments using their bank or their credit card to have payments automatically withdrawn each month.
• We also reviewed the customer’s Service Agreement, and note that it states that ‘from time to time the provider is authorized to share information about the customer’s credit history with any person, consumer reporting agency or credit grantor’. It also outlines that it is the responsibility of the customer to update their email address and to inform the provider if that email address changes so that they can provide the customer with tools and services to manage their account and communicate about account related items on a timely basis.
• The customer had requested that all notices be sent to them by email (not in dispute).
• We clarified with the service provider that their representatives are only required to verify the email address/client address if it has not been verified in the past 90 days.
• As the customer activated their account on July 24, 2023, no further verification was required except their PIN when the customer called in to discuss their account.
• The customer called the service provider on September 1, 2023, to remove their credit card from the preauthorized payment section on their account.
  • The customer was told that the final bill would be ready on September 25, 2023.
  • During this call, the customer indicated that they could no longer view their online bills as they did not have access to their online mobility account as it was connected to their work email.
  • The agent on the audio recording indicated that she would transfer the customer to another agent to assist them in accessing their online account.
• Audio recording and account notes demonstrate that the customer only updated their email address on November 20, 2023.
• On September 25, 2023, the service provider posted an invoice to the customer’s online account, with total charges of $107.56 dollars. This amount included a past-due amount of $104.43 from the customer’s August 25, 2023 bill.
• On October 25, 2023, the service provider posted another invoice on the customers online account with a past due amount, as well as late fees.
• Given that the customer was informed during a phone call on September 1, 2023, that the final bill would be due on September 25, 2023, the customer ought to have known and anticipate there was an obligation to pay this bill in September.
• Furthermore, it is clear from the audio on September 1, 2023, that the customer was already aware that they could not access their online account and therefore should have taken steps to ensure that their invoice was paid on time to avoid late fees or penalties.
• There were no calls in the month of September to the provider to update their email address, to discuss the invoice, which was due September 25, 2023, or to make payment arrangements as their credit card had previously been removed from the account.
• Though we acknowledge that the service provider could have asked for an updated email address it is clear from the Service Agreement that the responsibility to pay invoices on time resides with the customer, and furthermore that it is incumbent on the customer, as per their Agreement, to ensure that they update their email information in order to keep their account up to date.
• The customer paid the final bill on October 30, 2023. However, as the customer’s account was past due, the service provider reported this late payment to the credit bureau as part of their October reporting cycle – which, further to its terms of Service above – the service provider was entitled to do.
• The customer flagged in their complaint form and in conversation with us that they have a disability. As such we requested that the service provider share its policy as it pertains to accommodating customers who self-identity as a person with a disability.
  • The service provider confirmed that they do not have a policy for those who self-identify as having a disability.
  • Furthermore, the customer did not self-identify as having a disability as part of their mobility contract.
• After a review of the evidence, we find that the service provider met its obligations to the customer by posting their invoices on time to the customer’s online mobility account and confirmed that they followed their policy for reporting late payments to the credit bureau.