• Report: #256890

Complaint Review: Virgin Mobile - virginmobileusa.com

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  • Submitted: Mon, June 25, 2007
  • Updated: Sat, June 30, 2007

  • Reported By:Valencia California
Virgin Mobile - virginmobileusa.com
New Brunswick, New Jersey U.S.A.

Virgin Mobile - virginmobileusa.com violating Telephone Consumer Protection Act of 1991 New Brunswick New Jersey

*UPDATE Employee: Everybody gets a little spam

*UPDATE Employee: Everybody gets a little spam

*UPDATE Employee: Everybody gets a little spam

*UPDATE Employee: Everybody gets a little spam

*Author of original report: The hack spammed messages stopped

*UPDATE Employee: Virgin Mobile is a reseller of Sprint service

*Consumer Comment: Curious

*Author of original report: Changing phone number is unacceptable

*UPDATE Employee: Change your phone number

*UPDATE Employee: Change your phone number

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For the past year I have been attacked by deliberate hack spammed text messages, disabling my phone, possibly as retaliation.

Sophos recommended that Virgin Mobile provide the header information from those messages, which will give me the sender site. I can then contact the site that is sending the messages and request they provide the sender I.P. so I can go after the criminal behind this.

Unfortunately Virgin Mobile, who is making 5 per spam refuses to do anything despite the fact that it is a violation of the Telephone Consumer Protection Act of 1991. I have contacted the FTC, the FBI, my Congressman, and the FCC and they all say Virgin is my only remedy source.

Richard
Valencia, California
U.S.A.

This report was posted on Ripoff Report on 06/25/2007 10:20 PM and is a permanent record located here: http://www.ripoffreport.com/r/Virgin-Mobile-virginmobileusacom/New-Brunswick-New-Jersey/Virgin-Mobile-virginmobileusacom-violating-Telephone-Consumer-Protection-Act-of-1991-Ne-256890. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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REBUTTALS & REPLIES:
0Author 10Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE Employee

Everybody gets a little spam

AUTHOR: Splacky - (U.S.A.)

The title of your initial post "Virgin Mobile - virginmobileusa.com violating Telephone Consumer Protection Act of 1991 New Brunswick New Jersey" is an outright falsehood.
You are improperly invoking a law that does not even apply to Virgin Mobile.

That some entity misuses a wireless or wired network to send unwanted messages does not make the provider of that network guilty as you seem to believe. It makes the SENDER of those messages guilty. The providers are somewhat victimize in this situation as well what with the bandwidth issues that spam creates.
There are plenty of real victims out there, human victims that receive hundreds of spam messages a day that have learned to deal with it, and institutional victims that receive thousands of spams a day & millions a year.
You think it doesn't cost them?...You can bet it does, lots.

So your ploy as "The Victim of the Big Horrible Spam From Virgin Mobile" just does not fly with me.

Oh, and here is a news flash, Richard, SMS messages do not have headers. At least not the kind your thinking of. Just look at an SMS message in your own email client.
(send yourself one from your phone)
You will see all kinds of info about the reception of the message, but close to nothing about the origin except xxxxxxxxx@domain.com which can easily be faked.

Everybody gets a little spam. Some more than others, that's just a fact of modern life. There are steps an individual can take to minimize it's impact, (and some folks tend to get more emotionally impacted than others...), but there is always going to be spam & spammers, both legitimate & otherwise.

It really is up to the individual to either tolerate it, or accept the limited remedies.

But don't go thinking that there are not any smart people working on the problem. The folks at SMSanalysis.org, among others, have an easy to understand article about what is going on.
And all the major ISPs & SMSCs use spam filtering that screen out tons of stuff you will never see and will never know about.so get happy!

.
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#2 UPDATE Employee

Everybody gets a little spam

AUTHOR: Splacky - (U.S.A.)

The title of your initial post "Virgin Mobile - virginmobileusa.com violating Telephone Consumer Protection Act of 1991 New Brunswick New Jersey" is an outright falsehood.
You are improperly invoking a law that does not even apply to Virgin Mobile.

That some entity misuses a wireless or wired network to send unwanted messages does not make the provider of that network guilty as you seem to believe. It makes the SENDER of those messages guilty. The providers are somewhat victimize in this situation as well what with the bandwidth issues that spam creates.
There are plenty of real victims out there, human victims that receive hundreds of spam messages a day that have learned to deal with it, and institutional victims that receive thousands of spams a day & millions a year.
You think it doesn't cost them?...You can bet it does, lots.

So your ploy as "The Victim of the Big Horrible Spam From Virgin Mobile" just does not fly with me.

Oh, and here is a news flash, Richard, SMS messages do not have headers. At least not the kind your thinking of. Just look at an SMS message in your own email client.
(send yourself one from your phone)
You will see all kinds of info about the reception of the message, but close to nothing about the origin except xxxxxxxxx@domain.com which can easily be faked.

Everybody gets a little spam. Some more than others, that's just a fact of modern life. There are steps an individual can take to minimize it's impact, (and some folks tend to get more emotionally impacted than others...), but there is always going to be spam & spammers, both legitimate & otherwise.

It really is up to the individual to either tolerate it, or accept the limited remedies.

But don't go thinking that there are not any smart people working on the problem. The folks at SMSanalysis.org, among others, have an easy to understand article about what is going on.
And all the major ISPs & SMSCs use spam filtering that screen out tons of stuff you will never see and will never know about.so get happy!

.
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#3 UPDATE Employee

Everybody gets a little spam

AUTHOR: Splacky - (U.S.A.)

The title of your initial post "Virgin Mobile - virginmobileusa.com violating Telephone Consumer Protection Act of 1991 New Brunswick New Jersey" is an outright falsehood.
You are improperly invoking a law that does not even apply to Virgin Mobile.

That some entity misuses a wireless or wired network to send unwanted messages does not make the provider of that network guilty as you seem to believe. It makes the SENDER of those messages guilty. The providers are somewhat victimize in this situation as well what with the bandwidth issues that spam creates.
There are plenty of real victims out there, human victims that receive hundreds of spam messages a day that have learned to deal with it, and institutional victims that receive thousands of spams a day & millions a year.
You think it doesn't cost them?...You can bet it does, lots.

So your ploy as "The Victim of the Big Horrible Spam From Virgin Mobile" just does not fly with me.

Oh, and here is a news flash, Richard, SMS messages do not have headers. At least not the kind your thinking of. Just look at an SMS message in your own email client.
(send yourself one from your phone)
You will see all kinds of info about the reception of the message, but close to nothing about the origin except xxxxxxxxx@domain.com which can easily be faked.

Everybody gets a little spam. Some more than others, that's just a fact of modern life. There are steps an individual can take to minimize it's impact, (and some folks tend to get more emotionally impacted than others...), but there is always going to be spam & spammers, both legitimate & otherwise.

It really is up to the individual to either tolerate it, or accept the limited remedies.

But don't go thinking that there are not any smart people working on the problem. The folks at SMSanalysis.org, among others, have an easy to understand article about what is going on.
And all the major ISPs & SMSCs use spam filtering that screen out tons of stuff you will never see and will never know about.so get happy!

.
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#4 UPDATE Employee

Everybody gets a little spam

AUTHOR: Splacky - (U.S.A.)

The title of your initial post "Virgin Mobile - virginmobileusa.com violating Telephone Consumer Protection Act of 1991 New Brunswick New Jersey" is an outright falsehood.
You are improperly invoking a law that does not even apply to Virgin Mobile.

That some entity misuses a wireless or wired network to send unwanted messages does not make the provider of that network guilty as you seem to believe. It makes the SENDER of those messages guilty. The providers are somewhat victimize in this situation as well what with the bandwidth issues that spam creates.
There are plenty of real victims out there, human victims that receive hundreds of spam messages a day that have learned to deal with it, and institutional victims that receive thousands of spams a day & millions a year.
You think it doesn't cost them?...You can bet it does, lots.

So your ploy as "The Victim of the Big Horrible Spam From Virgin Mobile" just does not fly with me.

Oh, and here is a news flash, Richard, SMS messages do not have headers. At least not the kind your thinking of. Just look at an SMS message in your own email client.
(send yourself one from your phone)
You will see all kinds of info about the reception of the message, but close to nothing about the origin except xxxxxxxxx@domain.com which can easily be faked.

Everybody gets a little spam. Some more than others, that's just a fact of modern life. There are steps an individual can take to minimize it's impact, (and some folks tend to get more emotionally impacted than others...), but there is always going to be spam & spammers, both legitimate & otherwise.

It really is up to the individual to either tolerate it, or accept the limited remedies.

But don't go thinking that there are not any smart people working on the problem. The folks at SMSanalysis.org, among others, have an easy to understand article about what is going on.
And all the major ISPs & SMSCs use spam filtering that screen out tons of stuff you will never see and will never know about.so get happy!

.
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#5 Author of original report

The hack spammed messages stopped

AUTHOR: Richard - (U.S.A.)

Well, regardless if you choose to attack me -- the VICTIM in the matter -- and take the tone that I am at wrong for being the victim here, the spam has suddenly stopped so your helpful advice is not needed or appreciated.

I do find it curious that people tend to respond in a belligerent condescending manner to victims of illegal crimes such as this.

As the customer, it is not MY responsibility to do any of this, including contacting Sprint for a Virgin Mobile matter. They are receiving 5 cents per text message, unlike an internet provider and have an obligation not to profit from ongoing blatant criminal activity.

I am relying upon the advice of a phone-spam expert at Sophas and they are one of the most respected resources in this field. Im sorry if you think you know more than them, because you are wrong.

Again, I don't think a crime victim should have to be attacked and judged for trying to find his attacker, but then again, I am not like most Americans and believe in freedom and justice. I hope when try to discover the source of an anonymous attack on you or your family, everyone will come to the aid of the attacker and help him make your life hell, and then blame you for being so stupid to be his victim.

The attacks have stopped, but for the shouting.
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#6 UPDATE Employee

Virgin Mobile is a reseller of Sprint service

AUTHOR: Splacky - (U.S.A.)

Virgin Mobile is not refusing....Virgin Mobile can't. The servers those messages are on do not belong to Virgin Mobile. Neither do the cell towers or the switches. They belong to Sprint or whoever Sprint hired to handle messages on their network. You might, if you are patient and maintain a calm tone when you speak, be able to drill down to somebody at Sprint that can help you.

OR...just stop being such a victim. Virgin Mobile does not owe you any compensation for spam messages any more than my ISP owes me compensation for spam I receive in my email. You CHOOSE to receive text messages over a wireless network and you CHOOSE to make voice calls over a wireless network. Plenty of folks made a decent living before wireless communication was common place. And many still make a fine living without wireless. My point being, wireless communications are NOT a necessity, it is a luxury & a convenience. I have a hard time believing that a legitimate business would have to rely on a prepaid cellular service for TEN YEARS!

The other hole in you complaint here is by your own admission :
"I have contacted the FTC, the FBI, my Congressman, and the FCC and they all say Virgin is my only remedy source"

Leads me to think that Virgin Mobile is NOT in violation of this "Telephone Consumer Protection Act of 1991" that you cite....at least not in Valencia, California where you are.

This act goes forward in part :
The Telephone Consumer Protection Act of 1991 is most commonly known as the TCPA. The TCPA and the (FCC) Commission's parallel rules restrict a variety of practices that are associated with
telephone solicitation and use of the telephone network to deliver unsolicited advertisements, including fax advertising.

In order to ensure that telephone facsimile machines are available for their owner's use and that advertising costs are not shifted from advertisers to individuals or entities that
receive ads, the TCPA generally prohibits the delivery of unsolicited advertisements to telephone facsimile machines.

Virgin Mobile is not in violation of this act which is why the FCC, the FTC, the FBI, and your congressman told you to "go fish".
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#7 Consumer Comment

Curious

AUTHOR: Robert - (U.S.A.)

I'm just curious.

Is there a specified reason that VM refuses to provide the message header information?
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#8 Author of original report

Changing phone number is unacceptable

AUTHOR: Richard - (U.S.A.)

I am the filer of the report.

There is no way to block the sender. The sender is "hack spammed," meaning they are random and false. The original header information must be provided by Virgin Mobile, which they refuse to do.

Disable ALL text messaging (which was Virgin's recommendation), is like telling a person they cannot leave their house because a criminal will rob them, and meanwhile the police (Virgin) are making money every time. If I can't use text, then I demand a discount on my service. Virgin refuses.

Changing my phone number is not an option as I use it for business and have been for almost a decade.

Clearly, the intent of the perpetrator is vindictive. Suggestions like changing my number instead of just providing me the header information helps the CRIMINAL, not the VICTIM.
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#9 UPDATE Employee

Change your phone number

AUTHOR: Splacky - (U.S.A.)

There is a couple of things you could request from Virgin Mobile and one thing you can do that might remedy your problem.
#1 - If the offending messages are coming from a phone number, you can request that number to be blacklisted. This is for text messages only. Virgin Mobile cannot block voice calls.
#2 - You can request a phone number change. You are allowed 4 phone number changes on any one account. Call VM from a landline or phone other than the one you are servicing and be prepared to follow the reprogramming instructions for programming your new number into the phone. This only takes 2-3 minutes.
#3 - Logon to your Virgin Mobile account using your phone number and your vkey at virginmobileusa.com. You can then examine your Call Detail Record yourself and possibly find some answers.
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#10 UPDATE Employee

Change your phone number

AUTHOR: Splacky - (U.S.A.)

There is a couple of things you could request from Virgin Mobile and one thing you can do that might remedy your problem.
#1 - If the offending messages are coming from a phone number, you can request that number to be blacklisted. This is for text messages only. Virgin Mobile cannot block voice calls.
#2 - You can request a phone number change. You are allowed 4 phone number changes on any one account. Call VM from a landline or phone other than the one you are servicing and be prepared to follow the reprogramming instructions for programming your new number into the phone. This only takes 2-3 minutes.
#3 - Logon to your Virgin Mobile account using your phone number and your vkey at virginmobileusa.com. You can then examine your Call Detail Record yourself and possibly find some answers.
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