Defy Mobile Consumer Protection

California Prepaid Mobile Telephony Surcharge

Important Notice for California Prepaid Wireless Customers

Effective January 1, 2016, California law requires all sellers of Prepaid wireless service to collect certain taxes, fees and mandatory surcharges from Prepaid consumers at the time of purchase. The taxes, fees and surcharges will be combined into a single Prepaid Mobile Telephony Surcharge or “Prepaid MTS Surcharge.” The Prepaid MTS Surcharge rate will be applied to the purchase price each time you pay for Prepaid wireless service on or after January 1, 2016.

Your total charges may increase as a result of the new Prepaid MTS Surcharge.

The Prepaid MTS Surcharge may include the following taxes, fees and surcharges that will be collected by the seller on behalf of state and local governments:

• Utility User Tax: A voter-approved tax imposed by some cities and counties to fund local services. Tax rates will vary depending on the locality where the service is purchased;
• Local 911 Emergency Telephone Service Access Charge: A voter-approved tax imposed by some cities to support local 9-1-1 emergency response systems;
• California Public Utilities Commission Telecommunications All-End-User Surcharges and User Fee: Mandated charges that support various public programs and Public Utilities Commission activities; and
• California 911 Emergency Telephone Users Surcharge: A mandatory statewide surcharge imposed by the California Office of Emergency Services to support the 9-1-1 emergency response system.

To help you understand how your total charges could increase with the new Prepaid MTS Surcharge, please note the following example. If you were to purchase $25.00 in Prepaid wireless service on or after January 1, 2016 in a locality where the Prepaid MTS Surcharge rate is 10{760a221bbbe84a2305a849e238b303d1e7ead2c3d98f3962cad049d366022edd}, you will pay $22.50 for service plus a $2.50 surcharge (i.e., $25.00 x 10{760a221bbbe84a2305a849e238b303d1e7ead2c3d98f3962cad049d366022edd}) for a total of $25.00. The amount of the Prepaid MTS Surcharge will vary because some cities and counties do not impose a Utility User Tax or a local 911 Charge and cities and counties with Utility User Taxes or local 911 Charges have different rates.

For additional information or questions, please call customer service at (855) 994-2491.

Customer Proprietary Network Information (“CPNI”) Policy

Your Privacy is Important to Defy Mobile

At Defy Mobile, we are committed to protecting the privacy and security of our customers’ personal information at all costs. By virtue of our provision of telecommunications services to you, Defy Mobile has access to certain confidential information known as Customer Proprietary Network Information, or CPNI.

What is CPNI?

CPNI is the information generated as a result of your use of Defy Mobile telecommunications services. CPNI includes the type of services purchased, how those services are used, billing information, and information about call details, known as “Call Detail Information.” Call Detail Information involves information relating to specific calls, including the phone numbers you call, the numbers calling you, call times and dates, caller location, and call durations. CPNI does not include your telephone number, name, or address.

Federal Law Requires Protection of CPNI

Defy Mobile may share CPNI within the Sarver Corporation family, including our parent and affiliated companies, in order to communicate with you about your account, to provide services to you pursuant to your Customer Agreement, and to develop new products and services that will serve our subscribers best. We also like to use your CPNI to offer you additional products and services that may be of interest. The Federal Communications Commission (“FCC”) requires that we obtain your consent to use your CPNI within the Sarver Corporation family in order to offer you additional products and services. With your consent, Defy Mobile will be able to better serve your telecommunications needs. Please know that in compliance with FCC regulations, Defy Mobile will not sell or share your CPNI with anyone other than those who are a part of Defy Mobile, unless required by law.

How to Give Consent to Share Your CPNI

No further action is required to allow Defy Mobile to use your CPNI. Unless you provide Defy Mobile with notice that you wish to opt out, we will assume that you consent to our sharing of your CPNI within the Sarver Corporation family of authorized companies. If you prefer to keep your CPNI private and prevent it from being used for additional marketing purposes, you can opt out of that use. To opt out, you can call customer service and speak with a TruConnect representative who can process your opt out request. Your decision to allow or restrict use of your CPNI will remain in effect until you change it, which you may do at any time.

How We Protect Your CPNI

Defy Mobile maintains safeguards to prevent unauthorized disclosure of your CPNI. In particular, Defy Mobile requires that customers be authenticated, or properly verified, before we will disclose any CPNI.

CPNI is only disclosed in certain circumstances

You can access your CPNI online via the Defy Mobile account management website. Note: You must first establish login credentials to use this service. You can also obtain and/or access your CPNI in person by visiting a Defy Mobile retail location and presenting a valid, government-issued photo ID matching your account information, or you can request certain CPNI be sent to the address of record on your account via customer service once you have appropriately authenticated, or verified your identity as the Defy Mobile account owner.

Call Detail Information is only disclosed in certain circumstances

You can gain access to Call Detail Information only in the following circumstances:

By calling Defy Mobile customer service and authenticating or properly verifying your identity as the Defy Mobile account owner to the Defy Mobile representative, or
Request that the Call Detail Information be mailed to your customer address of record, or Request that a Defy Mobile representative call the telephone number of record for your account to disclose Call Detail Information.

Notification of Account Changes

Defy Mobile will notify you if any change is made to your account by mailing a notice to the address of record, sending an SMS message to the number of record, and/or an automated call to the number of record. For your security, the notification will not reveal the changed information.

CPNI Breach Policy

Defy Mobile is required to notify law enforcement, the United States Secret Service, and the FBI if Defy Mobile becomes aware of a breach of customer CPNI. Defy Mobile will also notify you of the breach following notification to law enforcement unless directed otherwise by the Secret Service or the FBI.

How to Contact Defy Mobile

If you have any questions or concerns about this CPNI Policy, you may contact Defy Mobile customer service via phone, send us an email and/or submit CPNI concerns to Defy Mobile Customer Service.