Consumer Cellular Inc. - Consumer Cellular | My FTC, FCC & BBB Complaints
Mr. John Marick, CEO - Complaint
PORTLAND, OREGON -- Caveat emptor "Let the buyer beware"
July 4, 2013
Re: FCC Congressional Control Number 1300482/kam
Federal Trade Commission Complaint 13-C00495788
FTC Reference No. 14008286
BBB Complaint #22389625 thebbb.org
Dear Senator Cornyn:
The response by Consumer Cellular Inc. to the FCC is but re-cycled, unsupported claims from Better Business Bureau Complaint #22389625. Their response is disingenuous and does not address the most significant of my claims. Namely, their (A) deceptive and unfair business practices, (B) false advertising, (C) unsatisfactory service and, (D) the selling of a “defective and unreasonably dangerous” product.
Responding to Better Business Bureau complaints, Google points the finger of blame at Consumer Cellular Inc. and Huawei. Consumer Cellular Inc. points the finger of blame at Google, Huawei, RadioShack, Sears and, even me. RadioShack and Sears claim to be “just retailers" and point the finger of blame at Consumer Cellular Inc. and me. AARP stands by Consumer Cellular. Huawei says nothing.
The Companies will stonewall this matter as long as they can. To get to the truth, I need your help with FTC complaints against Google Inc., Huawei Devices USA, Consumer Cellular Inc., RadioShack Corporation, Sears Holdings Corporation and, AARP Services Inc. (AARP), herein the “Companies” for the following reasons.
1. The Companies Target “nearly 40 million members” of AARP. They advertise, market, promote and sell the Huawei 8652 Smartphone (“Smartphone”) as suitable for keeping connected, accessing the Web, downloading financial applications (“Apps”) and, accessing bank accounts. 1, 2, 3, 4, 5, 6, 7
2. A consumer would reasonably believe that you can safely use the Smartphone as the Companies advertise.
3. The Companies fail to adequately warn of the following conditions, each of which put consumers and their private data at significant risk.
3.1 There are unpatched security flaws in the Smartphone’s software.
3.2 The Smartphone does not receive regular, prompt security updates.
3.3 There are critical software security updates published by Google Inc., but that have not been distributed to the Smartphone.
3.4 The Smartphone’s Android 2.3 Operating System and the default web browser are eight (8) releases out-of-date and, cannot be upgraded to the most recent and secure versions. 8
3.5 The Companies refuse to remove third-party Apps installed on the Smartphone.
4. Android smartphones that do not receive regular, prompt security updates are defective, unreasonably dangerous and, expose consumers and their private data to significant cybersecurity-related risks. 9, 10
5. The FTC acknowledged, security vulnerabilities on consumers’ mobile devices may be used “to record and transmit information entered into or stored on the device … to Target spear- phishing campaigns, physically track or stalk individuals, and perpetrate fraud, resulting in costly bills to the consumer … [and to misuse] sensitive device functionality such as the device’s audio recording feature … to capture private details of an individual’s life”. 9, 10
The Companies practices, coupled with their failure to adequate warn of the Smartphone’s poor security constitute (A) deceptive and unfair business practices, (B) false advertising, (C) unsatisfactory service and, (D) the selling of a “defective and unreasonably dangerous” product. 9, 10
Every day, by their actions and inactions, the Companies put unsuspecting consumers at risk for identity theft, the hacking of their bank accounts, jeopardizing their personal safety, exposing private medical history and imperiling their 40lk retirement funds, every minute they use the Smartphone. 9, 10
United States Senator Ted Cruz
Texas Attorney General Greg Abbott
Mr. Donald S. Clark, Secretary of the Commission, Federal Trade Commission
Ms. D’wana R. Terry, Associate Bureau Chief, Federal Trade Commission
Google Inc., Mr. Larry Page, CEO
Huawei Devices USA, Mr. Jiangao Cui, CEO
Consumer Cellular Inc., Mr. John Marick, CEO
RadioShack Corporation, Mr. Joseph C. Magnacca, CEO
Sears Holdings Corporation, Mr. Edward Scott Lampert, CEO
Sears Holdings Corporation, Mr. Ronald D. Boire, President of Sears
AARP Services Inc., Mr. John J. Wider, Jr., CEO
Better Business Bureau, Ms. Carrie A. Hurt, CEO