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Texas AG Files Lawsuit Against Vonage on 911 Service

Tex. Attorney Gen. Greg Abbott (R) filed a landmark lawsuit against Vonage for failing to make clear to customers that the firm’s service doesn’t provide access to traditional emergency 911 service. The suit, filed under the Tex. Deceptive Trade Practices Act, charges Vonage with “misrepresenting the type of emergency telephone service it offers, and the fact that the ‘911 dialing’ feature is not automatically included when a customer signs up for telephone service.” Abbott seeks $20,000 per violation.

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The suit follows a well-publicized incident in Tex. In Feb., Joyce John, who uses Vonage via an EarthLink connection, tried to call 911 dispatchers as burglars fired shots through her house. When she phoned from upstairs, a voice informed her that no emergency access was available. “This family’s moment of crisis signals a dire need for Vonage to clearly communicate to its Internet telephone customers that 911 access may not be available to them,” Abbott said: “This is not just about bad customer service; it’s a matter of life and death.”

“From a business standpoint, it sends a signal that providers need to make sure they have adequately disclosed” their 911 service status, said a source familiar with the case: “I'm sure this is going to get resolved. No one has really had a problem with Vonage company disclosures.”

A Vonage spokeswoman said the suit highlights the difficulty VoIP providers have had gaining access to 911 trunks, which can be a competitive disadvantage for VoIP independents. Vonage has written the CEOs at each Bell expressing a desire to be able to interconnect more easily to 911 systems. Only BellSouth has responded formally. Vonage has had success only in R.I., where the state owns the 911 system. “We're willing, ready and able to work with them on this issue to meet their concerns head on and hopefully address them in a timely manner,” Vonage spokeswoman Brooke Schulz said of the Texas case.

“It’s a big deal,” a CLEC source said. “The Bells control the 911 trunks. Vonage has been saying we would love to offer 911 but we can’t get access to the 911 trunks.”

A BellSouth spokesman said addressing Vonage’s desire to more readily plug into public safety answering points (PSAPs) through 911 trunks may not be that easy. “Our 911 tandems are not set up to do what Vonage wants to do,” the spokesman said. “Vonage could direct their traffic directly to the PSAP. This is what the wireless providers do with calls that end up at the wrong PSAPs.”