Law Offices of David F. Driscoll

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Firm’s statement of position and offer of settlement (if any): Broadview Networks has reviewed complaint number ***. We have also, reviewed the account associated with this complaint. We have contacted *** *** via telephone and prior to the receipt of this complaint *** *** was being assisted by Broadview Networks Repair DepartmentThere are two (2) matters which are the subject of this complaint, both are related. *** *** has an OfficeSuite circuit with Broadview, which *** is the Local Exchange Company (LEC) which owns the facilities for which this circuit runs off of. *** *** also, has a Dedicated circuit through Broadview Networks (being resold from Time Warner). The Dedicated circuit is in place to prevent loss of service shall the OfficeSuite circuit go down, the services circuit will automatically go over to the Dedicated circuit, this is called failover service. The failover circuit was installed, tested and proved to be working on March *** On February *** this customer’s OfficeSuite circuit went down, making service inoperable. Customer was affected by a *** failure, due to *** owning the facilities the needed repair had to be done by ***. A *** technician was dispatched out to address this matter on February **, 2017. The *** technician found that there were no spares to move the circuit to and therefore the matter was referred to ***’s Cable Maintenance Department. On February *** a *** Foreman reported back that there was trouble in a section at *** *** between *** *** and *** ***. At said time *** did not have access to the manhole due to a crane being stationed. *** installed a 4G suitcase at this customer’s location on February **, 2017. The 4G suitcase was installed to give customer temporary voice service, The failure which this customer was affected was completely cleared on March *, During the failure which caused loss of service on the OfficeSuite the customer’s failover service did not work. Customer brought this to the attention of Broadview Networks on February **, 2017. Broadview Networks found the Dedicated circuit to up with no trouble. A Broadview Networks technician was dispatched out on February **, 2017. The Broadview Networks technician found that the IP Address range originally assigned to be used for failover had been removed. Broadview Networks then placed an order with Time Warner for a new IP Address. Time Warner provided a new IP Address on March **, 2017. A Broadview Networks technician was dispatched out on said date however, the premise was closed. A Broadview Networks technician will be dispatched out on Thursday March **, which is the date requested by customer’s IT person. In an email dated March **, customer’s IT person confirmed via email he had recently obtained a new IP Address range for the Sonic Wall router therefore, there will no longer be a conflict with the VOIP router associated with failover service. The cause of failover service not working has been isolated to be due to customer’s IT person utilizing the IP Address associated with failover service for customer Sonic Wall (not provided by Broadview Networks)Broadview Networks has applied an out of service credit to this account in the amount of $to cover loss of service associated with OfficeSuite circuit. The out of service credit granted exceeds monthly recurring charge for this circuit by $26.55. Though *** *** requested that Broadview Networks considers covering charges associated with his vendor invoices for failover not working, Broadview Networks cannot cover the vendor charges associated with failover not working as the error which caused failover to not work was made by the customer’s vendor Broadview Networks will follow up with customer following the March **, technician visit *** *** *** ** ***
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*** *** ** *** ** *** *** Firm’s statement of position and offer of settlement (if any): Broadview Networks has reviewed complaint number ***. We have also, reviewed the account associated to this account. Upon receipt of this complaint we immediately contacted *** *** via telephoneBroadview Networks advises this customer did have Broadview Networks DVL service from January through September . The monthly charge for the DVL service was $however, that amount is exclusive of taxes, surcharges and fees. In September *** *** requested to have her telephone number converted from the DVL service to a POTS telephone number. In order for the conversion to be done Broadview Networks had to place an order with Verizon (LEC) to have a new line installed as DVL and POTS are different service types. Verizon installed a new line which had a temporary number assigned to it. The temporary line was disconnected in error by Verizon in November which caused customer to lose service as her original telephone number was dependent upon temporary line. Broadview Networks then placed an order with Verizon to have this line reinstalled, the order was delayed on several occasions by Verizon and lime was not back up and working until January **, Broadview Networks advises that following confirmation that this line was restored Broadview Networks credited this account in the amount of $148.68. Due to Broadview Networks billing one (1) month in advance Broadview Networks provided customer with a 50% credit for invoice dated October **, ($37.22); 100% credit for invoice dated November **, ($74.48); and 50% credit for invoice dated December **, ($36.98). Additionally, per the request of customer was also, waived the account fee which is a tariffed billed on all business accountsBroadview Networks finds this matter to be resolved. We offer our apologies to *** *** and her company for inconveniences caused. *** *** has been provided with my direct telephone number shall she require assistance in the future *** *** *** ** ***
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2015Dispute will be resolved by business: N/AFirm’s statement of position and offer of settlement (if any): Broadview Networks has reviewed complaint number *** Broadview Networks has also reviewed the account associated with this complaint Upon receipt of this complaint we contacted *** *** via telephone.Broadview Networks advises that when speaking with *** *** on August **, she advised that all telephones were returned to Broadview Networks in working status However, it is Broadview Networks position that yes the phones were returned however, they were returned damaged, therefore, we are unable to assign these returned phones to another customer Reviewing ‘EXHIBIT A’ which is a picture of the box we received under *** ** Tracking No ***, this picture was taken as it was received due to the box being opened and within the opening it is clear that there was no packaging material placed within the box by the sender Viewable in the picture is a *** ** Package which appears to be a package that is used for shipping however, it is not used nor is it meant to be used as packaging material to protect contents of a box Based on this photo it is clear that it would be all but impossible for the subject telephones to have been returned to Broadview Networks in working and presentable condition This being the case it is Broadview Networks position that the fee of $which was billed on invoice dated June *, is valid and will not be waived On invoice dated June *, this customer was also, charged in the amount of $for failing to return an IAD When speaking with *** *** on August **, she advised that the IAD was returned under tracking number *** *** *** was advised that we will check inventory on this package and contact her back It was found that the content of the package delivered to Broadview Networks under tracking number *** was in fact an IAD However, the IAD that was returned to Broadview Networks is associated with service which Broadview Network provided to customer at service address *** *** *** *** *** *** *** *** The IAD devices contain serial numbers; the serial number on the returned device was *** This customer was billed for failing to return IAD device with serial number *** which is installed at *** *** *** *** Based on the above Broadview Networks advises that we find the balance on this account to be valid The “Terms and Conditions” of the contractual agreement are transparent Reviewing page six (6) of ‘EXHIBIT B’ specifically referencing “Additional Customer Responsibilities” it does state “Customer shall be liable for damage to Company equipment” Broadview Networks is open to possibly offering a settlement agreement for the damaged phones However, the IAD must be returned back to Broadview Networks in order to credit the $equipment fee associated, there will be no settlement offered for that device Broadview Networks has left voicemail messages for *** *** in an attempt to discuss our findings however, we have not received a call back If *** *** wishes to discuss this matter further in an attempt to work towards an amicable resolution she can reach out to me *** *** at ###-###-####.*** *** *** ** ***
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*** *** ** *** ** *** *** Firm’s statement of position and offer of settlement (if any): Broadview Networks has reviewed complaint number ***. We have also, reviewed the account associated with this complaint. Upon receipt of this complaint we immediately attempted to contact *** *** A voicemail message was left requesting a callback, Jamey C*** returned call on behalf of *** *** It is this customer’s position that they are owed a refund for services which they requested to be disconnected. It is further customer’s position that there credit card continued to be charged though they are not utilizing Broadview Networks service Broadview Networks advised that on February *, *** *** called into Broadview Networks Customer Care requesting to disconnect services. Customer was provided with the standard “Letter of Disconnect” via email, customer was advised to complete “Letter of Disconnect” and return completed form back to Broadview Networks. Broadview Networks received the “Letter of Disconnect” (please see ‘EXHIBIT I’) back from customer on March **, however, the “Letter of Disconnect” entailed only one (1) telephone number to be disconnected. This form did not entail the circuit number, efax number or the toll free number all of which were active at said time. On March **, and email was sent to customer advising of the corrections that were needed on the “Letter of Disconnect” (please see ‘EXHIBIT II’). In response to this email, an email response was received from Jamey C*** who is not indicated as an authorized person on this account. MrC*** advised via email to disconnect all services (please see ‘EXHIBIT III’). Broadview Networks responded via email (please see ‘EXHIBIT IV’) advising that disconnect form should be completed and signed by the account contactWhen speaking with MrC*** he was advised that the Broadview Networks disconnect process was followed by the representative who assisted both him and *** ***. He was further advised that as a courtesy if he forwards the completed “Letter of Disconnect” indicating the requested information Broadview Networks will honor the “Letter of Disconnect” as having been received on March **, which was the date that the initial “Letter of Disconnect” was received. Broadview Networks further agreed to refund charges billed to customer’s credit card on April *, and May *, 2017. Please note, charges to this credit card occurred due to customer having auto pay set up. However, on May *, we received notification from the credit card company that customer disputed the following charges: credit card payment of $101.0* (transaction date May *, 2017); credit card payment of $(transaction date March *, 2017); credit card payment of $(transaction date February *, 2017) and credit card payment of $10*.5* (transaction date January ** 2017) the indicated payments were reversed as of May *, 2017. Broadview Networks disputed this reversal with the credit card company and therefore the credit card company removed the reversal of the $100.96, $and $101.0*. This left the charge of $10*.5* with the transaction date of January ** still being in reversed status. Broadview Networks did agree to refund credit card payments of $101.0* (transaction date May 1, 2017) and credit card payment of $101.0* (transaction date April ** 2017) which makes the total proposed refund amount $202.08. However, due to customer successfully reversing credit card payment of $10*.5* (transaction date January ** 2017) the amount which will be refunded to this customer is $97.5*Broadview Networks advises that based on the above this matter has been resolved. Customer’s original disconnect form was not honored due to it being incomplete and Broadview Networks did promptly notify customer of the changes that were required. Upon receipt of this corrected “Letter of Disconnect” on May ** Broadview Networks did promptly disconnected service and the corrected “Letter of Disconnect” was honored as if it were received on March **, 2017. This customer will receive a refund check of $97.5* within six (6) to eight (8) weeks. Broadview Networks has attached a copy of this customer’s financial history report (please see ‘EXHIBIT V’) from January to present so that customer may see the payment which was successfully reversed. Broadview Networks further advises that this customer was not billed “Early Termination Fees’ and will not be billed “Early Termination Fees”If this customer requires additional assistance I can be reached at *** *** *** *** ** ***
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*** ** *** Dispute will be resolved by business: N/A Firm’s statement of position and offer of settlement (if any): Broadview Networks has reviewed complaint number *** We have also, reviewed the account associated with this complaint Upon receipt of this complaint we immediately contacted *** *** via telephone.Broadview Networks advises that when reviewing this account we found that on March **, the original account owners *** *** *** *** *** signed a three (3) year contractual agreement for services, within the ‘Terms and Condition’ section of the contract it does state that Broadview Networks contracts automatically renew for an additional one (1) year period and customer is required to provide a thirty (30) day written notification of there intent not to renew This being the case customer was billed an early termination fee in the amount of $on invoice dated December *, 2015.Additionally, this account consisted of a Tcircuit which had eight (8) telephone numbers running off of it Tcircuits cannot be ported to another carrier and therefore, the customer must request to disconnect the circuit Broadview Networks records indicate that on June **, one (1) of the eight (8) telephone numbers running off of the circuit ported out to another carrier and on July **, another telephone number running off of the circuit ported out to another carrier Following the porting out of both telephone number the Tcircuit as well as six (6) telephone numbers remained active and billing until December **, when all remaining services were disconnected by Broadview Networks.It is the customer’s position that a request was made as early as June to disconnect all services Though Broadview Networks system does not reflect this request Broadview Networks did advise that we will honor the disconnect date as being the date that the last of the two (2) telephone number ported out to another carrier which is July **, Our position is that if circuit had been disconnected in June all services including the last of the two (2) telephone numbers which ported out would have been disconnected as well.Broadview Networks and *** *** has reached an agreement which both parties find to be amicable *** *** has agreed to cover charges billed on invoice dated August *, and once payment is received Broadview Networks will credit out the remaining balance Based on the above Broadview Networks finds this matter to be resolved to the satisfaction of all parties. Lisa T*** Complaint #: ***Legal & Regulatory Specialist Date: *** ** ***

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*** *** ** *** ** *** *** Firm’s statement of position and offer of settlement (if any): Broadview Networks has reviewed the above complaint number ***. We have also, reviewed the account associated with this case. Upon receipt of this complaint we contacted *** *** via telephone on February *, On February *, it was explained to *** *** that though his telephone numbers did port out on July **, to another carrier he failed to pay the invoice generated following the porting of the telephone number. The invoice is dated August *, (please see attached) and charges are associated with usage. Additionally, we also, explained to *** *** that it appears that invoices continued to generate due to there being usage. Reviewing the invoices on this account we found usage generated on September *, invoice; October *, invoice; and November *, invoice. We advised *** *** that he would need to confirm that Verizon has all services (local, regional and long distance) going through their switch. The invoices which were generated on January *, was interest charges on balance owed on account. In an attempt to resolve this matter in an amicable fashion Broadview Networks advised *** *** to pay invoice generated August *, in the amount of $and the remaining balance would be credited back to his account. *** *** agreed to this and requested that someone contacts him so that he can make a payment via telephone. On February *, *** *** was contacted by Broadview Networks Rakel A***, *** *** reported back that *** *** refused to make the payment of the agreed upon amount of $18.59. He then filed a complaint with New York State Public Service Commission on February *, Broadview Networks is willing to work with *** ***. If he is in agreement to pay charges associated with invoice dated August *, the remaining balance will be credited out. Broadview Networks advises that several voice mails have been left for *** *** requesting a callback following receipt of the complaint filed with New York State Public Service Commission to date we have received no callback. Broadview Networks advises that we have attempted to resolve this matter to the satisfaction of both parties If you would like to contact me feel free to reach me at ###-###-#### *
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Dispute has been resolved by: August **, Dispute will be resolved by business: N/A Firm’s statement of position and offer of settlement (if any): Broadview Networks has reviewed complaint number *** We have also, reviewed the account associated with this complaint Upon receipt of this complaint we immediately contacted *** *** *** is disputing Early Termination Fees (ETF’s) billed in the amount of $on invoice dated June *, Broadview Networks advises ETF’s billed due to Broadview Networks contractual agreements auto renewing for a one (1) year periods unless customer advises us that they do not wish to auto renew there contract Based on Terms and Conditions of contract customer has to notify Broadview Networks days prior to the end of the contractual term However, *** *** has been a customer of Broadview Networks for many years and that being the case Broadview Networks has credited back the ETF’s billed in the amount of $903.60, and applicable taxes and surcharges Broadview Networks has also, credited back the late fee billed on invoice dated July ** This account now has a zero (0) balance and is in closed statusBroadview Networks did offer to provide *** *** with a copy of the contractual agreement, however, he declined and requested a copy of this documentation confirming that the ETF’s have been waived and his account has a zero (0) balanceBroadview Networks finds this matter to be resolved
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Dispute has been resolved by: January **, 2016 Dispute will be resolved by business: N/A Firm’s statement of position and offer of settlement (if any): Broadview Networks has received the rebuttal associated with complaint number *** dated January **, 2016. Upon receipt of this rebuttal we immediately reached out to *** *** via telephone. Broadview Networks advises that we could not provide *** *** with an exact dollar amount that will be her balance owed, due to us being unable to know the amount of taxes associated with the credit amount until we actually post the credit. We have provided *** *** with an estimate that the balance on the account which would be her responsibility will be around the amount of $perhaps slightly lower. We have begun the process to have *** ***’s telephone number ported back over to Broadview Networks, once we receive confirmation from the current carrier as to the date that it will be released we will apply the credit for the early termination fees and contact *** *** directly so that she may pay the remaining balance owed.Broadview Networks advises that the agreement between both parties (Broadview Networks and *** ***) is active. The terms of the agreement is that *** *** will port her telephone number back over to Broadview Networks (this process has already begun) and Broadview Networks will waive the early termination fees which were billed on this account. The contractual agreement which was previously in place will be made effective upon the telephone number porting over.Broadview Networks finds this matter to be resolved, the above has been thoroughly discussed with *** ***. Lisa T*** Complaint #: ***Legal & Regulatory Specialist Date: *** *** ***

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will be resolved by business: N/AFirm’s statement of position and offer of settlement (if any): Broadview Networks has reviewed complaint number *** We have also, reviewed the account associated with this complaint Upon receipt of this complaint we attempted to contact *** *** via telephone, we reached a voicemail and a message was left requesting a callback.Broadview Networks advises that this customer reported no dial tone on telephone number ###-###-#### on April **, The following day on April **, *** technicians performed a work stoppage Please note, that *** is the LEC involved and therefore, it is there technicians that address service issues on facilities which they own regardless of who the carrier is This work stoppage delayed the repair of this line On April **, this customer ported her telephone number out to another carrier however, *** failed to cancel the dispatch out of a technician Due to the *** technician being dispatched out a fee was billed in the amount of $due to the technician finding that the telephone number associated with the repair ticket was no longer with Broadview Networks.Broadview Networks advises that this fee was billed in error and the entire invoice amount of $has been credited back to this account This account is in closed status and has a zero (0) balance Broadview Networks greatly apologizes for this error and additionally apologizes for the inconvenience posed upon this customer.If this customer requires additionally assistance she can contact me, Lisa T***, at ###-###-####.*** *** *** ** ***
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September **, 2015 Dispute will be resolved by business: N/A Firm’s statement of position andoffer of settlement (if any): BroadviewNetworks has reviewed complaint number ***. We have also, reviewed the account associatedwith this complaint. Upon receipt ofthis complaint we immediately contacted *** *** via telephone.Broadview Networks has done athorough review of this account and it is our position that there was nowrongdoing on Broadview Networks part and the account balance owed in theamount of $which includes early termination fee in the amount of$is valid. Broadview Networksdenies the allegations made by *** *** regarding his services not working, asthe attached, call records displays outbound calls were being made by thiscustomer. The terms of the contractualagreement (please see ‘EXHIBIT A’) indicates that this was a customer installmeaning the customer would install the phone equipment provided by BroadviewNetworks. The terms of the contractualagreement also, indicates that customer will be provided with a training session.what was done and *** *** did participate, please see email (‘EXHIBIT B’)that was sent to *** *** following training that was done. Following the training being done customerdid not respond to any request to authorize Broadview Networks to port theremain number and therefore they continued to work off of the telephone numbersprovided by Broadview Networks. Trainingwas done in on December **, On March **, *** ***spoke with his account manager requesting that a technician be sent to hispremise. Due to Broadview Networksshowing that all phones were logged in and working the Project Manager offereda free training session and *** *** declined please see email communication labeled as‘EXHIBIT C’ Being that the phones werelogged in and we showed outbound calls being made the Project Manager actingfrom an area of expertise felt that a training session would be suffice. Had the Project Manager agreed to dispatchout a technician this fee would have been in the area of $therefore, theProject Manager acted from a customer first perspective to avoid customerincurring unnecessary feesUltimately, it is BroadviewNetworks position that we did provide the service which *** *** ordered andsigned a contractual agreement for. Theattached outbound call records labeled as ‘EXHIBIT D’ demonstrate that thiscustomer did have and was utilizing services via Broadview Networks. The assigned Project Manager attempted toassist *** *** with any questions he may have had by offering an additionaltraining for free. Broadview Networks isunable to credit the early termination fees and we find the balance owed to bevalid. If *** *** would like Ican assist him with reinstalling theBroadview Networks equipment which he still has at his premise or if *** ***wishes to discuss a settlement agreement he can contact me at ###-###-####. It is Broadview Networks goal to resolve thismatter in an amicable fashion. *** *** ***
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Dispute has been resolved by:...

                         November **, 2015Dispute will be resolved by business:              N/AFirm’s statement of position and
offer of settlement (if any):  Broadview
Networks has reviewed complaint number [redacted].  We have also, reviewed the account associated
with this complaint.  Upon receipt of
this complaint we immediately contacted [redacted] via telephone.Broadview Networks advises that
this customer had one (1) telephone with Broadview Networks which ported out to
another carrier on January **, 2015.   
This customer continues to receive invoices from Broadview Networks do
to long distance calls completing via the Broadview Networks switch.    This customer’s carrier must program the
line correctly on there end and remove Broadview Networks as the long distance
carrier, if this is not done long distance calls will continue to complete via
the Broadview Networks switch and invoices will continue to generate.   Broadview Networks does not control the
subject telephone number being that we are not the carrier and therefore, we do
not have the ability to make any changes to this telephone number.  Broadview Networks advises that to date we
have continuously provided credit for long distance charges generated since the
porting out of telephone number however, it is imperative that this customer
ensures that there carrier removes Broadview Networks as the long distance
carrier in order to correct issue permanently.   Broadview Networks advises that
we find this matter to be resolved, all charges generated for long distance
calls has been credited back to this account on a monthly basis.   In order for this matter to be resolved
permanently the customer’s carrier will need to correct on there end.Lisa T[redacted]                                  �...⇄ [redacted]  [redacted]Legal & Regulatory Specialist                                   ...⇄ [redacted]  [redacted]

[redacted]...

                         [redacted]               [redacted]   Firm’s statement of position and offer of settlement (if any):  Broadview Networks has reviewed complaint number [redacted].  We have also, reviewed the account associated this complaint.  Upon receipt of this complaint we immediately contacted this customer via telephone. When speaking with this customer she advised of the following issues:  billing issues, receipt of incorrect product as she request to be upgraded to the most newest phone system Broadview Networks had available, issues with the handling of issue by her account representative, receipt of product that did not have the capabilities she inquired about and receipt of product with no set up instructions.   Reviewing this account the billing coincided with the receipt of a product that did not have the capabilities which this customer inquired about.  This customer ordered a headset from Broadview Networks and was under the impression that the headset had the capability of placing a caller on hold via the headset.  Upon receipt of the headset she found that this was not the case.  The customer then returned the headset to Broadview Networks.   The cost of the headset was $279.00 and this amount in addition to a $27.04 tax credit has been placed on this account.   In regards to customer requesting the newest model phones available, it was found that on August **, 2016 this customer called in to upgrade to newer model phones.  At said time this customer had two different phone types which is model number [redacted] and model number [redacted] which has more capabilities than the 5320.  The assisting representative offered to upgrade customer to the [redacted] and allow customer to return the [redacted] phones.  Upon receipt of the new [redacted] phones the customer received a brochure which entailed a newer model phone 5360.  At this time the customer is seeking to return the [redacted] model phones and receive the 5360 model phone, while Broadview Networks has advised customer that she can upgrade to the 5360 model phones and we will waive the restocking fee that is charged, we also notified customer that the 5360 model phones are priced at $23.00 per phone, which will be an increase of $6.00 per phone.  Customer is requesting that she receives the same pricing that she is currently receiving of $17.00 per phone.   Customer has been advised that a discount of such requires approval from another department, a request has been submitted and we are currently awaiting a response and customer will be notified when a determination is made.  Additionally, customer reported that though she is being billed for Broadview Networks Softphone product she never received instructions on how to use it.   Our records do show that upon ordering the Softphone product a welcome email was sent to customer which contained a link to download the Softphone application.   This matter was directed to Broadview Networks Technical Support Department to have customer contacted to assist with setting up the Softphone service.  A technician did reach out to customer however, the customer advised that she did not have access to the computer which the Softphone service would be set up on.   Customer was advised to contact me, Lisa T[redacted] when she has access to the computer and I will have a technician contact her to assist her.  We have credited back the cost of the Softphone product, customer was billed the monthly recurring charge of $2.95 and additional prorate charge of $2.85 therefore, the total credit placed on the account for the Softphone product is $5.80 (please note customer was billed as of invoice dated September **, 2016 for this product).  Customer also, advised that they returned the power over ethernet adaptor cords which are provided with phones, therefore an additional $3.81 credit was placed on this account.  A tax credit for the Softphone product and power over ethernet adapters was also placed in the amount of $1.47.  As a courtesy Broadview Networks has also credited back the late fee and interest charged for a past due balance billed on invoice dated September **, 2016 in the amount of $31.04.  In regards to customer dissatisfaction with the account representative, the individual's Director has been notified and customer has been directed to reach out to me, Lisa T[redacted] directly shall she need assistance with anything.   Broadview Networks advises that all issues have been resolved.  Once we receive a determination regarding pricing for  the model number 5360 phones we contact customer to advise. Broadview Networks greatly apologizes for any inconveniences which this customer was caused.  It always the goal of Broadview Networks to provide quality service and  quality customer service.   All issues, presented by this customer have been looked into in depth and where needed corrective action has been taken.     [redacted]                                   ...⇄ [redacted]                                   ...⇄ [redacted]

Tell us why here...[redacted]
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[redacted] [redacted] [redacted] [redacted]  Dispute has been...

resolved by:                          January *, 2016 Dispute will be resolved by business:              N/A Firm’s statement of position and offer of settlement (if any):  Broadview Networks has reviewed complaint number [redacted].  We have also, reviewed the account associated with this complaint.  Upon receipt of this complaint we attempted to contact [redacted], a voicemail was left requesting a callback and we received a callback from his daughter Rebecca.Broadview Networks advises that on June **, 2015 [redacted] signed a three year contractual agreement with Broadview Networks for services.   Services were active with Broadview Networks as of July **, 2015.    Broadview Networks advises that we find the allegation made in this complaint to be false.  The Complainant advised that the monthly fee for service was higher then indicated on the contract, however, the first invoice generated was higher due to the fact that Broadview Networks bills for services one (1) month in advance, additionally the first invoice included prorates (charges from start date of service to end of billing period), however, reviewing the first invoice generated (please see ‘EXHIBIT A’) and cross comparing it to the signed contractual agreement ‘EXHIBIT B’ it is clear that this customer was being billed in accordance with rates indicated on the contractual agreement.    This customer also, alleges that services were not available for a full month, this statement is incorrect.   This customer had working service with Broadview Networks as of July **, 2015.   The features which were requested by customer were not immediately added as they were not added until August 10, 2015 approximately six (6) days following notification from the assigned Sales Agent that features should be added.    The features not being added did not have an affect on the customer’s ability to make or receive calls.Researching this account we did find that on September *, 2015 this customer called in to request to have services moved to a different address.  It was at this time that this customer was advised of the move fee associated to move services.  Ultimately, the move order was canceled by customer on September **, 2015 [redacted] K[redacted] canceled the move order.  Subsequently, services were ported out to another carrier on September **, 2015.   Based on the above Broadview Networks has found no grounds to warrant the waiving of the early termination fees.   This customer was fully aware that there was an active contractual agreement in which the “Terms and Condition” do state that early termination fees will apply if services are disconnected or ported out prior to the end of the contractual term.    Based on the history in this account it appears that this customer did not wish to pay the move fee, and therefore, services were ported out to another carrier.    In an attempt to resolve this matter in an amicable fashion, Broadview Networks has adhered to [redacted]’s request to have services ported back to Broadview Networks.    If services are ported back to Broadview Networks, the early termination fee billed in the amount of $955.35 will be credited back however, customer will be responsible for remaining balance as there were no payments made on this account.       Lisa T[redacted]                                  �...⇄ Complaint #:  [redacted]Legal & Regulatory Specialist                                   ...⇄ Date:  [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

[redacted]
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[redacted]~ Tel: ###-###-#### ~ Fax: ###-###-#### ~ Email: [redacted]  Dispute has been resolved by:...

                         September *, 2015 Dispute will be resolved by business:              N/A Firm’s statement of position andoffer of settlement (if any):  BroadviewNetworks has reviewed complaint number [redacted].  We have also, reviewed the account associatedwith this complaint.  Upon receipt ofthis complaint we were already working with [redacted] of The [redacted]
[redacted] via a complaint filed with the Federal Communications Commission.Broadview Networks advises thatthough we are this customer telephone carrier, [redacted] is the Local ExchangeCompany who owns the facilities associated with this customer’s telephonenumbers.  [redacted] is the only entity thatcan make repairs to the facilities.  Allservice issues reported by Broadview Networks customers are addressed by[redacted].    Broadview Networks advisesthat at the time in which this complaint was received this customer had no dialtone on one (1) out of two (2) telephone numbers with Broadview Networks.  Broadview Networks aggressively approached[redacted] in regards to making a permanent fix due to chronic issues which this customerhas experienced between May 2015 and present.   This matter was escalated to [redacted] Management whose only offer inregards to a permanent fix was to migrate this customer to [redacted] lines asoppose to the upgrading the outdated copper lines this customer’s service iscurrently operating off of.  Customerdeclined this offer citing that while they do have some [redacted] lines they do notwish to migrate all lines to [redacted], as having all lines running off of [redacted]will possibly result to a total out of service issue in the event that theylose power.It is Broadview Networksposition that any customer should have an option to which service type they aresubscribed to.  However, BroadviewNetworks cannot mandate [redacted] to making any changes that they do not deemnecessary.   Reviewing the ‘EXHIBIT A’which is email communication between Broadview Networks Repair Department and[redacted] Management it is clear that Broadview Networks was very precise as towhat  our expectations were in regards toa permanent resolution to the ongoing service issue.   We further were very precise incommunicating that our customer did not wish to be migrated over to [redacted]however, it seems that is the only option [redacted] is willing to provide inresponse to our request for a permanent resolution is for customer to bemigrated over to [redacted].Currently both telephonenumbers are up and working.  While wecannot mandate [redacted] to make any upgrades to the copper facilities, we can besure that Federal Communications Commission is fully aware of the serviceissues this customer has faced over the past few months.  We will further be sure to express to the FederalCommunications Commission that [redacted] indirectly attempted to force thiscustomer into migrating to a service which they do not choose to have as opposeto making the necessary upgrade to the facilities of there current servicetype.    Broadview Networks willcontinue to assist this customer with any and all service issues that mayarise.  We will continue to address[redacted] in an aggressive manner on behalf of our customer to ensure that ourcustomer receives the quality service which they are paying for.   Broadview Networks has placed an out ofservice credit on this account in the amount of $150.00, additionally thiscustomer will receive an e-coupon in the amount of $50.00 which can be appliedtowards a future invoice.    Lisa T[redacted]                                  �...⇄ Complaint#:  [redacted]Legal & Regulatory Specialist                                   ...⇄ Date:   September *, 2015Tell us why here...

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

[redacted]
[redacted]
[redacted]
[redacted]...

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[redacted]               [redacted]Firm’s statement of position and offer of settlement (if any):  Broadview Networks has reviewed complaint number [redacted].  We have also, reviewed the account associated with this complaint.  Upon receipt of this complaint we immediately contacted [redacted] via telephone.Broadview Networks advises that this customer had two (2) accounts with Broadview Networks, which customer initiated the orders on both (please see ‘EXHIBIT I’).   The supporting information which [redacted] provided is associated with account number [redacted].   In an attempt to provide a response which is transparent, both accounts will be addressed separately.Account number [redacted] which is associated with “Order Receipt” dated September **, 2014.   This account was disconnected by Broadview Networks Collections Department on October **, 2016 for non-payment.  At said time that disconnection occurred this customer had an account balance owed to Broadview Networks in the amount of $123.52 the last payment which had been received on this account was on June **, 2016 in the amount of $100.55 which covered invoices dated March **, 2016; April **, 2016; May **, 2016 and June **, 2016.   Account number [redacted] which is associated with “Order Receipt” dated September **, 2014.  This account was disconnected by Broadview Networks Collections Department for non-payment on May *, 2017.   At the time which disconnection occurred this customer had an account balance owed to Broadview Networks in the amount of $148.30.   This account had been current up until April *, 2017 which is the date that customer reversed the following credit card payments:  March **, 2017 payment in the amount of $29.20; February **, 2017 payment in the amount of $58.84 and December **, 2017 payment in the amount of $29.25.Communications which this customer attached to this complaint are communications sent by Broadview Networks Collections Department regarding account number [redacted].   Reviewing ‘EXHIBIT II’ which is one of the notifications from Broadview Networks Collections Department, the customer attempted to respond back to this notification however, it is indicated on the email “Please do not reply to this email” this is due to this email address being used for outgoing emails only..  When speaking with [redacted] he acknowledged that he had two (2) accounts with Broadview Networks.  However, he also, advised that services under account number [redacted] never worked.   Reviewing both accounts there was no indication of customer ever calling into Broadview Networks to report any issues with service.It is Broadview Networks position that both accounts were disconnected by Broadview Networks Collections Department for non-payment and Broadview Networks was within their right to do so.   Automatic payments was set up on both accounts by customer upon signing up for service.  However, automatic payments was discontinued on account number [redacted] as of March **, 2016 which is the date that Broadview Networks was advised that the credit card which was on file was expired as we attempted to do a transaction on March **, 2016.  There was no replacement card provided by customer and next payment was mailed in.   Payments on account number [redacted] continued to be paid using the credit card which was on file and updated by customer as of March **, 2016.  Broadview Networks finds this matter to be resolved.  Customer has satisfied account balance associated with account number [redacted], this account now has a zero (0) balance.  There is an account balance owed in the amount of $**0.52 for account number [redacted].  This account balance is valid and no credit will be granted as we have found nor have we been provided with any documentation to support customer’s position that services under account number [redacted] never worked or that they requested to have services disconnected. [redacted]                           �...⇄ [redacted]  [redacted]
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Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

I have not been advised of the final amount that I owe. It is NOT over $200; I only had 2.5 months of service for a rate of $28.95. I can understand there are related fees, but it still shouldn't be three times the rate.Also, Broadview attached a MODIFIED contract. The contract I received to fill in is attached. THese are the ONLY documents I agreed on, and as you can see there's no mention of a three year contract. My agent must have added it, and also checked the three lines agreeing that I read all the terms. I was also NEVER advised that this is a three year contract. I have the original record of the fax and I can try to find a way for you to access it from my hard drive, if necessaryMy agent's name is [redacted] from Tele-com USA. His phone number is ###-###-####. You can take it up with him.
Sincerely,
[redacted]

[redacted]
[redacted]
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[redacted]               [redacted]   Firm’s statement of position and offer of settlement (if any):   Broadview Networks has reviewed the rebuttal filed by customer.  Broadview Networks position remains unaltered, as the account balance owed is valid.  The supporting documentation attached to customer’s complaint is regarding a separate account which was referenced in Broadview Networks initial response dated June [redacted] 2017.  While it is customer’s position that they notified Broadview Networks of services not working, we show no such reports.  Reviewing this account we found that on March **, 2017 this customer contacted Broadview Networks Customer Care to make a payment on the subject account, as well as to update credit card information due to credit card information previously provided being expired.  Customer did not advise during this call that there were any service issues.   Additionally, Broadview Networks records reflect that on April *, 2017 when customer was contacted by a Broadview Networks Collections Representative regarding the reversal of credit card payments customer advised the assisting representative that he had disconnected service in November 2016.   We found nothing in our system to substantiate this or has customer provided any information to substantiate this. Broadview Networks advises that a customer bears the onus of reporting any service issues that may exist.  Additionally, a customer bears the onus of requesting the disconnection of any services which they no longer wish to have active.  Though Broadview Networks does find the balance owed to be valid we are looking to resolve this matter in an amicable fashion.   In an attempt to do so Broadview Networks has written off the account balance of $150.52, collections activity on this account will be ceased.             
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[redacted]               [redacted]   Firm’s statement of position and offer of settlement (if any):  Broadview Networks has reviewed complaint number [redacted].  We have also, reviewed the account associated with this complaint.  Upon receipt of this complaint we immediately contacted [redacted] via telephone.  Prior to the receipt of this complaint [redacted]'s issues had been resolved. When speaking with [redacted] she advised that the issue which led to her filing a complaint with the Revdex.com was a charge of $199.00 which she was seeking credit for.  However, prior to [redacted] being contacted regarding the complaint she had already received a return call from a Manager who did apply the requested credit to her account.  It was then confirmed that [redacted] required no additional assistance. Broadview Networks advises that though the issue was resolved to customer satisfaction we greatly apologize for the inconvenience which was posed upon [redacted].  The charge which she was disputing was associated with a technician visit and therefore, the system automatically generated this charge.        
 
 
 
 
 
 
 
 
 
 
 
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