Cavalier Telephone Sucks

Welcome to the "Cavalier Telephone Sucks" Site!

ThomasFox — Thu, 24 Apr 2008 21:35:00 -0400

Hi,

My name is Tom Fox, and I own a small computer consulting company in Monroe, Michigan.

This site is dedicated to warning people and businesses everywhere about this horrible company, Cavalier Telephone and Television. We had the misfortune of being a customer of this company for almost two years.

We experienced horrible service problems with Cavalier, too many outages, and customer service that was non-existent. As a matter of fact, I came to refer to their customer care department as their "we don't care about customers" department.

As I get time, I will be posting copies of e-mails, telephone call recordings, and other documents from the company.

Please, keep in mind: This site represents my personal opinions, and is in no way affiliated with Cavalier Telephone. Honestly, I'd live in a box on the street before I'd affiliate with this crappy company.

Please feel free to call any of the contacts listed to let them know about the problems you've had with the company, or post your comments here.

In summary: If this company comes knocking on your door, RUN the other way!

Tom Fox

E-Mail To Noah Bason - Billing Cavalier For Storage Fees

ThomasFox — Wed, 23 Apr 2008 12:08:00 -0400

Noah-
You firm has failed, once again, to retrieve it's equipment from our offices.

I afforded Cavalier a 10 day window after the conclusion of our matter before the MPSC, and after that, have again begun charging storage fees.

Please make arrangements to immediately retrieve your equipment from our offices. Your representative will need to bring payment in cash or certified funds for accumulated storage fees in the amount of $10/day.

Thank you.
Tom Fox

E-Mail From Noah Bason - RE: Another Outage?

ThomasFox — Thu, 06 Mar 2008 17:13:00 -0500

From: Bason, Noah M. [mailto:nmbason@cavtel.com]
Sent: Thursday, March 06, 2008 2:13 PM
To: Thomas Fox
Subject: RE: Another outage?

Thanks Tom. I was not aware, though I’m sure others probably are. Nonetheless- I will forward the note to the appropriate people.

I will get you a printout of your zeroed out account as soon as I get one.

E-Mail to Noah Bason - Another Outage?

ThomasFox — Thu, 06 Mar 2008 16:03:00 -0500

From: Thomas Fox [mailto:TFox@expertsmi.com]
Sent: Thursday, March 06, 2008 1:03 PM
To: Bason, Noah M.
Subject: Another outage?

I don’t know if you’re aware or not, but we used to be a reseller/dealer for your company.

In the past 30 minutes I have gotten calls from 8 of my clients, who I (rather stupidly and foolishly, hindsight reveals) convinced to move their services to Cavalier. All of them are experiencing catastrophic voice and/or data outages, in the middle of the work day, causing immeasurable harm to their businesses.

Just letting you know.

E-Mail From Noah Bason - RE: Technology Experts

ThomasFox — Wed, 05 Mar 2008 16:20:00 -0500

From: Bason, Noah M. [mailto:nmbason@cavtel.com]
Sent: Wednesday, March 05, 2008 4:20 PM
To: Fox, Thomas
Subject: RE: Technology Experts

Thanks Tom, I’d buy you a beer as well and again am sorry that your experience with the company was so frustrating.

I have received your fax and have asked that your account be zeroed out and closed and that no further collections efforts be made. It you receive anything from Cavalier to the contrary please contact me directly and I will see that it is taken care of.

E-Mail To Noah Bason - RE: Technology Experts

ThomasFox — Wed, 05 Mar 2008 15:45:00 -0500

From: Fox, Thomas [mailto:tfox@expertsmi.com]
Sent: Wednesday, March 05, 2008 3:45 PM
To: 'Bason, Noah M.'
Subject: RE: Technology Experts

You’ll have it shortly, the admin is printing our monthly newsletter to our clients and the fax machine is tied up. It is a combo unit.

As I said, I’ve no issues with you personally – I’d buy you a beer any time.

Cavalier, on the other hand…. Wouldn’t throw them a life preserver in a flood.

Maybe a boat anchor. But I suspect they’ll sink themselves soon enough.

E-Mail From Noah Bason - RE: Technology Experts

ThomasFox — Wed, 05 Mar 2008 15:38:00 -0500

From: Bason, Noah M. [mailto:nmbason@cavtel.com]
Sent: Wednesday, March 05, 2008 3:38 PM
To: Fox, Thomas
Subject: RE: Technology Experts

Tom-

Thanks. Please fax the settlement agreement to me at 571.323.1800. I do not need the stipulation to dismiss- it goes to the PSC, I am not sure of the fax number but can find it if you need. Let me know. Thanks again for working with us on this. Regards,

Noah

E-Mail To Noah Bason - RE: Technology Experts

ThomasFox — Tue, 04 Mar 2008 21:34:00 -0500

From: Fox, Thomas [mailto:tfox@expertsmi.com]
Sent: Tuesday, March 04, 2008 9:34 PM
To: 'Bason, Noah M.'
Subject: RE: Technology Experts

I am curious to see the calculations on how Cavalier arrived at its number?

E-Mail From Noah Bason - RE: Technology Experts

ThomasFox — Tue, 04 Mar 2008 14:32:00 -0500

From: Bason, Noah M. [mailto:nmbason@cavtel.com]
Sent: Tuesday, March 04, 2008 2:32 PM
To: Fox, Thomas
Subject: RE: Technology Experts

Tom-

As discussed, I have attached a Settlement Agreement without section 9 and a draft stipulation to dismiss to be sent to the PSC. Please let me know what you have questions or want to discuss. Thanks,

Noah

SETTLEMENT AGREEMENT AND MUTUAL RELEASE

This Agreement is effective the 4th day of March 2008, between CAVALIER TELEPHONE, L.L.C, Talk

America Inc., and LDMI Telecommunications, Inc. ( collectively “Cavalier”), on the one hand, and

TECHNOLOGY EXPERTS CORPORATION (“Customer”), on the other hand (collectively, Cavalier and

the Customer may be referred to individually as a “Party” or collectively as the “Parties”).

Recitals

A. The Customer entered into a Services Agreement with Cavalier for telecommunications

services. The Customer had the following account: Account Number 2145869 (the “Account”).

B. Customer left Cavalier in late 2007 and filed a Formal Complaint with the Michigan Public

Service Commission on January 8, 2008, U-15498 (the “Formal Complaint”).

C. The purpose of this Agreement is to resolve all pending complaints between the Parties,

including the Formal Complaint, and to avoid litigation.

NOW, THEREFORE, intending to be legally bound, and in consideration of the mutual covenants

and other good and valuable consideration set forth herein below, the Parties do hereby agree as follows:

Agreement

(1) Settlement. In exchange for Cavalier zeroing out Customer’s account and forgiving all

unpaid balances and early termination fees, Customer agrees to forgive all charges and demands related

to past service and billing issues and to dismiss the Formal Complaint.

(2) Mutual Releases. Upon receipt of a fully executed Agreement and the successful

negotiation of the Settlement Amount, Cavalier and its respective predecessors, successors, assigns,

affiliates, legal representatives, agents, employees, servants, attorneys, officers, and directors, on the

one hand, and the Customer, on the other hand, hereby mutually release each other from any and all

legal, equitable or other claims, counterclaims, demands, rights of contribution obligations or liabilities to

the date hereof, which arise out of, or which may, can or shall arise out of the facts alleged in the Formal

Complaint. Notwithstanding the foregoing, this Agreement does not apply to any of the Parties’

obligations, claims or rights arising out of this Agreement.

(3) Compromise. This Agreement and the mutual general release contained herein effect

the compromise and settlement of the Claim, including any disputed and contested claims arising thereof,

and nothing contained herein shall be construed as an admission by Cavalier or the Customer of any

liability of any kind to each other.

(4) Benefit and Burden. This Agreement shall be binding upon, and inure to the benefit of,

the Parties and their respective heirs, executors, administrators, representatives, successors and assigns.

250699v1 2

(5) Entire Agreement. All agreements, covenants, representations and warranties, express

or implied, oral or written, of the Parties concerning the subject matter hereof are contained herein. No

other agreements, covenants, representations or warranties, expressed or implied, oral or written, have

been made by any Party to any other Party concerning the subject matter hereof. All prior and

contemporaneous conversations, negotiations, possible and alleged agreements, representations,

covenants and warranties concerning the subject matter hereof are merged herein. The Parties agree

that this Agreement can only be amended by a writing signed by both Parties.

(6) Voluntary Agreement. The Parties further represent and declare that they have carefully

read this Agreement and know the contents thereof and that they sign the same freely and voluntarily.

(7) Severability. If any provisions of this Agreement or any part of any provision of this

Agreement is determined to be unenforceable or invalid for any reason whatsoever, it shall be severable

from the rest of this Agreement and shall not invalidate or affect the other portions or parts of the

Agreement, which shall remain in full force and effect and be enforceable according to their own terms.

(8) Waiver. No failure to exercise and no delay in exercising any right, remedy, or power

under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any

right, remedy, or power under this Agreement preclude any other or further exercise thereof, or the

exercise of any other right, remedy, or power provided herein or by law or in equity.

(9) Past Attorneys’ Fees and Costs. Cavalier shall bear all attorneys’ fees, costs, and

expenses incurred by it in connection with the disputes settled by this Agreement. The Customer shall

bear all attorneys’ fees, costs, and expenses incurred by it in connection with the disputes settled by this

Agreement.

(10) Counterparts. This Agreement is executed in counterparts, each of which shall be

deemed an original, and all counterparts so executed shall constitute one agreement binding on all of the

Parties, notwithstanding that all of the Parties are not signatory to the same counterpart.

(11) Notices. All notices and other communications given or made pursuant hereto shall be in

writing and shall be deemed to have been duly given or made as of the earlier of the date delivered or

mailed if delivered personally, by overnight courier or mailed by express, registered or certified mail

(postage prepaid, return receipt requested) or by facsimile transmittal, confirmed by express, certified or

registered mail, to the parties at the following addresses (or at such other address for a party as shall be

specified by like notice, except that notices of changes of address shall be effective upon receipt):

If to Cavalier:

Cavalier Telephone LLC

Noah Bason

200 Fairbrook Drive, Suite 202

Herndon, Virginia 20170

250699v1 3

If to Customer:

Technology Experts

Tom Fox

PO Box 2301

Monroe, MI 48161

Signatures. The Parties hereby signify their agreement to the above terms by their signatures below.

The authorized representative of Cavalier represents that he is authorized to execute this Agreement on

behalf of Cavalier. Electronic signatures (including but not limited to facsimiles, and other forms of

electronic mediums of conveying that this Agreement was signed by the Parties) of this Agreement shall

be binding on the parties, as if such copy and electronic signature was signed in original by the respective

Parties executing such signature.

IN WITNESS WHEREOF, the Parties either personally or through their duly authorized officers or

agents, have executed this Agreement, on the date first written above.

CAVALIER TELEPHONE, LLC CUSTOMER

By: By:

(Signature) (Signature)

Name: NOAH M. BASON Name:

(Printed) (Printed)

Title: COUNSEL Title:

(Printed)

Date: March 4, 2008 Date:

(Printed) (Printed)

E-Mail To Noah Bason - RE: Technology Experts

ThomasFox — Tue, 04 Mar 2008 14:02:00 -0500

From: Fox, Thomas [mailto:tfox@expertsmi.com]
Sent: Tuesday, March 04, 2008 2:02 PM
To: 'Bason, Noah M.'
Subject: RE: Technology Experts

I take issue with the paragraph in its entirety. I am not a fan of gag orders.

E-Mail From Noah Bason - RE: Technology Experts

ThomasFox — Tue, 04 Mar 2008 13:54:00 -0500

From: Bason, Noah M. [mailto:nmbason@cavtel.com]
Sent: Tuesday, March 04, 2008 1:54 PM
To: Fox, Thomas
Subject: RE: Technology Experts

I am checking on our willingness to do this. I don’t think it will be a problem. Do you mind sharing what your issue with this is, in case we cannot remove but can edit. Is there a particular portion of it you are more concerned with ( 3^rd party disclosure v. use in court proceeding) ?

E-Mail To Noah Bason - RE: Technology Experts

ThomasFox — Tue, 04 Mar 2008 12:42:00 -0500

From: Fox, Thomas [mailto:tfox@expertsmi.com]
Sent: Tuesday, March 04, 2008 12:42 PM
To: 'Bason, Noah M.'
Subject: RE: Technology Experts

I will accept if paragraph 9 is excluded.

E-Mail From Noah Bason - RE: Technology Experts

ThomasFox — Tue, 04 Mar 2008 12:33:00 -0500

Tom-

I have attached a proposed settlement agreement as promised. This document, as well as our communications, is intended for settlement purposes is not intended to be used for any other purpose.

Please review and let me know if you want to discuss. Thanks,

Noah

SETTLEMENT AGREEMENT AND MUTUAL RELEASE

This Agreement is effective the 4^th day of March 2008, between CAVALIER TELEPHONE, L.L.C, Talk America Inc., and LDMI Telecommunications, Inc. ( collectively “Cavalier”), on the one hand,and TECHNOLOGY EXPERTS CORPORATION(“Customer”), on the other hand (collectively, Cavalier and the Customer may be referred to individually as a “Party” or collectively as the “Parties”).

Recitals

A.            The Customer entered into a Services Agreement with Cavalier for telecommunications services. The Customer had the following account: Account Number 2145869 (the “Account”).

B.            Customer left Cavalier in late 2007 and filed a Formal Complaint with the Michigan Public Service Commission on January 8, 2008 (the “Formal Complaint”).

C.            The purpose of this Agreement is to resolve all pending complaints between the Parties, including the Formal Complaint, and to avoid litigation.

NOW, THEREFORE, intending to be legally bound, and in consideration of the mutual covenants and other good and valuable consideration set forth herein below, the Parties do hereby agree as follows:

Agreement

(1)           Settlement. In exchange for Cavalier zeroing out Customer’s account and forgiving all unpaid balances and early termination fees, Customer agrees to forgive all charges and demands related the past service and billing issues. .

(2)           Mutual Releases. Upon receipt of a fully executed Agreement and the successful negotiation of the Settlement Amount, Cavalier and its respective predecessors, successors, assigns, affiliates, legal representatives, agents, employees, servants, attorneys, officers, and directors, on the one hand, and the Customer, on the other hand, hereby mutually release each other from any and all legal, equitable or other claims, counterclaims, demands, rights of contribution obligations or liabilities to the date hereof, which arise out of, or which may, can or shall arise out of the facts alleged in the Formal Complaint. Notwithstanding the foregoing, this Agreement does not apply to any of the Parties’ obligations, claims or rights arising out of this Agreement.

(3)           Compromise. This Agreement and the mutual general release contained herein effect the compromise and settlement of the Claim, including any disputed and contested claims arising thereof, and nothing contained herein shall be construed as an admission by Cavalier or the Customer of any liability of any kind to each other.

(4)           Benefit and Burden. This Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective heirs, executors, administrators, representatives, successors and assigns.

(5)           Entire Agreement. All agreements, covenants, representations and warranties, express or implied, oral or written, of the Parties concerning the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, expressed or implied, oral or written, have been made by any Party to any other Party concerning the subject matter hereof. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties concerning the subject matter hereof are merged herein. The Parties agree that this Agreement can only be amended by a writing signed by both Parties.

(6)           Voluntary Agreement. The Parties further represent and declare that they have carefully read this Agreement and know the contents thereof and that they sign the same freely and voluntarily.

(7)           Severability. If any provisions of this Agreement or any part of any provision of this Agreement is determined to be unenforceable or invalid for any reason whatsoever, it shall be severable from the rest of this Agreement and shall not invalidate or affect the other portions or parts of the Agreement, which shall remain in full force and effect and be enforceable according to their own terms.

(8)           Waiver. No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under this Agreement preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity.

(9)           Confidentiality and Non-Disclosure. The Parties agree that the terms of this Agreement shall be kept confidential and shall not be disclosed to any third party at any time unless otherwise required by process of law, excluding the attorneys, financial advisors, tax consultants and accountants for each of the Parties. Moreover, this Agreement and its terms shall not be used or disclosed in any court, arbitration, or other legal proceeding except to enforce the provisions of this Agreement.

(10)         Past Attorneys’ Fees and Costs. Cavalier shall bear all attorneys’ fees, costs, and expenses incurred by it in connection with the disputes settled by this Agreement. The Customer shall bear all attorneys’ fees, costs, and expenses incurred by it in connection with the disputes settled by this Agreement.

(11)         Counterparts. This Agreement is executed in counterparts, each of which shall be deemed an original, and all counterparts so executed shall constitute one agreement binding on all of the Parties, notwithstanding that all of the Parties are not signatory to the same counterpart.

(12)         Notices. All notices and other communications given or made pursuant hereto shall be in writing and shall be deemed to have been duly given or made as of the earlier of the date delivered or mailed if delivered personally, by overnight courier or mailed by express, registered or certified mail (postage prepaid, return receipt requested) or by facsimile transmittal, confirmed by express, certified or registered mail, to the parties at the following addresses (or at such other address for a party as shall be specified by like notice, except that notices of changes of address shall be effective upon receipt):

If to Cavalier:

Cavalier Telephone LLC

Noah Bason

200 Fairbrook Drive, Suite 202

Herndon, Virginia 20170

If to Customer:

Technology Experts

Tom Fox

PO Box 2301

Monroe, MI 48161

Signatures. The Parties hereby signify their agreement to the above terms by their signatures below. The authorized representative of Cavalier represents that he is authorized to execute this Agreement on behalf of Cavalier. Electronic signatures (including but not limited to facsimiles, and other forms of electronic mediums of conveying that this Agreement was signed by the Parties) of this Agreement shall be binding on the parties, as if such copy and electronic signature was signed in original by the respective Parties executing such signature.

IN WITNESS WHEREOF, the Parties either personally or through their duly authorized officers or agents, have executed this Agreement, on the date first written above.

CAVALIER TELEPHONE, LLC                                      CUSTOMER

By:                                                                               By:

                                    (Signature)                                                                 (Signature)

Name:   NOAH M. BASON                                              Name:

                                     (Printed)                                                                     (Printed)

Title:     COUNSEL                                                         Title:

                                     (Printed)

Date:                                                                            Date:

                                     (Printed)                                                                     (Printed)

E-Mail To Noah Bason - Tech Experts

ThomasFox — Fri, 29 Feb 2008 14:53:00 -0500

Noah-

I went ahead and put together a quick spreadsheet, as I figured I would need it for the hearing anyway.

Here is where it breaks down for us. I have attached documentation of our out of pocket costs as well as substantiation of my billable rate to my clients.

Thanks,

Tom Fox

Cavalier Account Balance Summary

Date

Description

Amount

Balance

9/1/2007

Account Balance

$829.90

$829.90

9/1/2007

Credit for 1/2 of August services on 9/1 billing

-$221.70

$608.20

9/1/2007

Credit for June outage (50% of MRC)

-$208.65

$399.55

10/1/2007

5 Toll Frees @ 5.95 ea + usage + tax

$33.20

$432.75

11/1/2007

5 Toll Frees @ 5.95 ea + usage + tax

$32.65

$465.40

12/1/2007

5 Toll Frees @ 5.95 ea + usage + tax

$33.37

$498.77

1/1/2008

9 days of Toll Frees

$4.00

$502.77

1/11/2008

800 Telecom Nascing Fees

-$380.00

$122.77

2/8/2008

Unitel Nascing Fees

-$175.00

-$52.23

Direct Time Logged To Cavalier Errors

21.5 hours @ $120 / hour

$2,580.00

(This is only the documented time. There was

more time spent!)

Miscellaneous Costs

UPS overnight fees, certified mail, copies, etc.

$100.00

Storage Fees For Equipment

8/17/2007

Brandy @ Cavalier Advised to pick up equipment

9/16/2007

Storage fees commence

9/30/2007

14 days @ $10/day

$140.00

$140.00

10/31/2007

31 days @ $10/day

$310.00

$450.00

11/30/2007

30 days @ $10/day

$300.00

$750.00

12/31/2007

31 days @ $10/day

$310.00

$1,060.00

1/31/2008

31 days @ $10/day

$310.00

$1,370.00

2/29/2008

29 days @ $10/day

$290.00

$1,660.00

TOTAL ECONOMIC IMPACT

$4,392.33

E-Mail to Noah Bason - U-15498/Technology Experts V Cavalier, LDMI, et.al.

ThomasFox — Tue, 19 Feb 2008 13:26:00 -0500

Hi Noah,

I called your customer service department yesterday in response to a “Suspension Notice” I received in the mail. After a couple of transfers to various departments, I was instructed by Deborah Kordo that all future communications between my company and Cavalier must be through you. I left a voice mail for you yesterday afternoon at 4:48pm EST, and another just now (1:20pm EST).

Please contact me at your earliest convenience.
Tom Fox
Tech Experts

Text of my formal complaint

ThomasFox — Tue, 08 Jan 2008 21:31:00 -0500

STATE OF MICHIGAN

Michigan Public Service Commission

6545 Mercantile Way --- P.O. Box 30221

Lansing, Michigan 48909

In the matter of the complaint of                            )           Case Number:_____________

                                                                                    )

TECHNOLOGY EXPERTS CORP.                               )

against

LDMI TELECOMMUNICATIONS INC. and/or         )

D/B/A TALK AMERICA INC., and/or                     )

D/B/A CAVALIER TELEPHONE                               )

FORMAL COMPLAINT

I, Thomas L. Fox, president of:

Technology Experts Corporation, located at

980 South Telegraph Road,

Monroe, Michigan, 48161,

734-457-5000,

brings this Formal Complaint against:

Cavalier Telephone Company, formerly or currently also known as

Talk America Inc, formerly or currently also known as

LDMI Telecommunications, with a mailing address of

3300 North Pace Boulevard,

Pensacola, Florida, 32505,

and a registered business office with the Michigan Public Service Commission at

Talk America Inc., d/b/a Cavalier Telephone,

6805 Route 202,

New Hope, PA 18938

for violation of the Michigan Telecommunications Act.

I request that a contested case be conducted against this party.

The telephone numbers covered in this complaint are:

734-457-5000

734-244-7287

734-244-7298

734-241-7591

734-244-7288

734-244-7299

734-241-7592

734-244-7289

734-244-7300

734-241-7593

734-244-7290

734-244-7301

734-240-0200

734-244-7291

734-244-7302

734-457-4332

734-244-7292

734-244-7303

734-457-0680

734-244-7293

734-244-7304

734-243-1500

734-244-7294

734-244-7305

734-242-5600

734-244-7295

734-244-7306

734-244-7033

734-244-7296

734-241-1200

734-244-7297

My daytime phone number is (734) 457-5000. My fax number is (734) 457-4332.

My e-mail address is tfox@expertsmi.com.

This complaint involves my :

__X__ Local Service __X__ Local Long Distance __X__ Long Distance

__X__ Other, please specify: Toll Free Service

I have spent more than 20 hours of my own time, in an effort to correct this matter.

Specify your loss of revenue or income, due to the disputed action or inaction by the telephone company. Please attach an itemized list of the loss of income and/or undue expenses.

I have spent $XX to preserve and ultimately forcibly extract my toll free numbers from this carrier (copies of charges attached).

Please provide a detailed description of your telephone service complaint. Also include your contacts with the company and their response or resolution to the complaint.

In February, 2006, we contracted with LDMI/Talk (subsequently after acquisitions Cavalier) for local telephone service for our business. An initial install date of March 9, 2006 was provided. LDMI missed this date.

It was finally installed on March16, 2006 – and we immediately had problems with our hunting groups. Through various service issues and outages, we stuck with LDMI/Talk/Cavalier, until we finally had had enough.

On March 20, 2007, we experienced an outage that lasted several days, followed by another outage in June, 2007 that lasted an entire day. Despite our having assurances in writing that we would receive significant credits for outages such as this, LDMI/Talk/Cavalier refused to issue anything more than a token credit.

At this time, we began the process of moving our service to another provider, McLeod USA.

Our services were moved to McLeod USA on August 17, 2007.

Despite numerous telephone calls, faxes and Fed-Exes to LDMI/Talk/Cavalier, the company has continued to bill us for services that were disconnected, and had refused to allow our new carrier to port our toll free numbers off the Cavalier network, despite assurances from company management that they would in fact allow the toll free numbers to port over.

Listed below is a brief synopsis of the calls and communications I have had with LDMI/Talk/Cavalier. I have recordings of some of these calls available should the Commission require them:

7/27/2007    (On hold 19 minutes before speaking with a rep)

Spoke to rep Alisha (Rep #4034) requesting credits for outage. She took my information and indicated I had to fax a request. I faxed it to 1-800-488-7915. No call back or credit issued.

8/28/2007    (On hold 28 minutes before speaking with a rep)

Spoke to rep Brandy (Rep number not recorded). Explained my services were disconnected on August 17, and that my billing should stop as of that date. She indicated their system did have this information in it. I explained that Cavalier was rejecting my toll free port, she said to fax a letter to 866-404-4203 explaining services need to be transferred to McLeod. Letter faxed. I also discussed with her the Router that is still here, and that they will need to pick it up, or we would have to charge storage fees. She said they will pick up the equipment.

11/7/2007    Fed-Exed a letter to Martin Clift, VP, regulatory affairs and copy to Edward Meyercord, President (copy attached) outlining issues and requesting immediate contact. No contact was ever received from Cavalier as result of this Fed-ex.

11/29/2007 (On hold 31 minutes before speaking with a rep)

Spoke to rep Niko. He read the notes on my account, and then transferred me to the regulatory affairs department. Spoke to Dimitri (sp?) in RegAffairs, she initially indicated her department wouldn’t handle this type of complaint. But then after reading the notes, said she would check into it and call me back. No Call Back.

11/30/2007 Found another number for Cavalier’s president’s office, 804-422-4100 – Called and explained why I was calling. Told by Jennifer (receptionist) that Valerie Herbinek is the person in the president’s office who handles serious complaints. I left a message on her voice mail. No call back.

11/30/2007 (On hold 16 ½ minutes before speaking with a rep)

Spoke to Ray (rep #7167) about problem with toll free transfers. He read the notes, and is sending an e-mail to the department that releases the numbers authorizing the transfer.

12/17/2007 Called again for Valerie Herbinek, she couldn’t be located. Was transferred to another number that continually rang. Called back again, got operator, explained I was calling about problems on my account, was put on hold for about 9 minutes, then transferred to a floor manager named Bill, rep # 064. His direct dial number is 727-772-2969. Bill brought the person who is responsible for toll free transfers on the line with us, explained the issues with the account, and instructed the toll free person to release our numbers when the next transfer request was initiated.

12/28/2007 Toll free number order was rejected again. Called for Bill at 2:09pm, did not answer, left a message on his voice mail.

12/28/2007 Called the executive office again at 2:20pm, asked for Valerie. Transferred to a number that rang continually. Called back, was told this time that Valerie was out, asked to be transferred to regulatory affairs department. Was put on hold for about 5 minutes, finally was transferred to Debbie in regulatory affairs. She was instantly rude, refused to listen to my explanation of why I was calling, continually interrupted me, and told me the only resolution I had was to talk to customer service. Despite my trying to tell her I had been dealing with customer service since August, she refused to even listen to my issues, and was even more rude. Finally hung up on her.

12/28/2007 Called customer care at 2:31pm, on hold for only 3.5 minutes (wow!). Spoke to rep Alysia (rep #17058), explained all the issues. She read through the notes, and said the service was cancelled on 9/27. I explained that I was still being billed for them on my December 1 bill, and that I thought it should have been cancelled back to the end of July or first part of August. She is going to research the issue and call me back.

12/28/2007 Alysia called back at 3:10pm (wow!), The $325 billing is for voice and was never cancelled. She is faxing me a form for disconnect. Once that form is processed and credits issued, they will then let the toll free numbers transfer. I explained my concern about the numbers being turned off, she said they would not be.

1/3/2008       Received call from Rick at Toll Free company, our toll frees are disconnected. I instructed him to take the numbers away from Cavalier. They use a process called NASCing… Which will cost me about $300 in total.

1/3/2008       Called Customer Care at 4:31pm, on hold for 27 minutes with no answer. Called back on a different number (800-683-3944). Waited on hold again for about 31 minutes, hung up. Will try tomorrow.

1/4/2008       Called customer care at 3:02pm, on hold for 21 minutes before speaking to a rep. Got rep named Ayla, explained my problems, she read some notes and transferred me to a supervisor, Veronica, rep # 79041 (direct call back 850-465-1236). She will “dig into” the problem and call me back either today or Monday.

1/8/2008       3:30pm – No call back from Veronica. Called her, got her VM, left message on voice mail.

The company has violated the Michigan Telecommunications Act as follows:

Rule 58(2), U-11043, Section 305(1b), (lj),& Section 357, MTA, MCL 484.2305(1b), (lj), MCL 481.2357 – I was not allowed to transfer to another telephone company.

Rule 58(4), U11043 – I was not credited for the delayed transfer of my telephone services from one company to another.

Rule 62, U11043 – The company did not respond to or follow up on my complaint.

Rules 35(i), 37(2), & 62(1), U-11043 – I could not report my service problems to my telephone company.

Rule 61, U-11043 – My telephone service problems were not resolved.

I am asking for relief in accordance with section 601(a), (b), (d) and (e) of the Michigan Telecommunications Act, MCL 484.2601, including but not limited to reimbursement for my total economic loss of $2,900 and storage of the company’s equipment in the amount of $1,350.

I further seek the imposition of fines against the company, as provided in section 601, subdivision (a), the company to pay a fine for the first offense of not less than $1,000, nor more than $20,000 per day that the person is in violation, and for each subsequent offense, a fine of not less than $2,000, nor more than $40,000 per day, (b) if the provider has less than 250,000 access lines, the provider to pay a fine for the first offense of not less than $200 or more than $500 per day that the provider is in violation of the act, and for each subsequent offense a fine of not less than $500 or more than $1000 per day, and (d) if the person is a licensee under this act, that the person’s license be revoked, and (e) the entry of a Cease and Desist Order.

I attest that the facts stated in this complaint are true to the best of my knowledge.

________________________________            ___01/08/2008_____________________

Your Signature                                Date

__Technology Experts Corp., 980 S Telegraph Road, Monroe, MI 48161___

Address City State Zip

_734-457-5000_______________           _734-457-4332____________

Day Time Phone number                         Fax Number

_tfox@expertsmi.com_________________________________________

E-mail address

UPS Delivery Confirmation of Complaint Letter To Cavalier's Headquarters

ThomasFox — Thu, 08 Nov 2007 11:20:00 -0500

***Do not reply to this e-mail. UPS and Technology Experts Corp. will not receive your reply.

At the request of Technology Experts Corp., this notice is to confirm that the following shipment has been delivered.

Important Delivery Information

Delivery Date / Time: 08-November-2007 / 10:39 AM
Delivery Location: OFFICE
Signed by: BEAM

Shipment Detail

Ship To:
Martin Clift, VP Regulatory Affairs
Cavalier Telephone Company
2134 West Laburnum Ave.
RICHMOND
VA
232274342
US

UPS Service:

NEXT DAY AIR SAVER

Shipment Type:

Letter

Tracking Number:

1ZXV73601393105431

This e-mail contains proprietary information and may be confidential. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If you received this message in error, please delete it immediately.

This e-mail was automatically generated by UPS e-mail services at the shipper's request. Any reply to this e-mail will not be received by UPS or the shipper. Please contact the shipper directly if you have questions regarding the referenced shipment or you wish to discontinue this notification service.
____2II2II2m8hb1KTgXhHx@HI@zgEGlXh-Wh0____

E-Mail From Daniel Springston: Credits we discussed for Client1 & Client2

ThomasFox — Fri, 14 Sep 2007 12:37:00 -0400

Tom

This was entered into our systems yesterday. Thanks for your patience.

Dan S.

dspringston@cavtel.com

From: Williams, Grant W.
Sent: Thursday, September 13, 2007 4:49 PM
To: Springston, Daniel J.
Subject: RE: Credits we discussed for Client1 & Client2

Dan,

Client1 - Acct Number - issued credit of $400

Client 2 - Acct Number - issued credit of $205

Let me know if you need anything else.

Grant

-----Original Message-----
From: Springston, Daniel J.
Sent: Thursday, September 13, 2007 3:21 PM
To: Williams, Grant W.
Subject: FW: Credits we discussed for Client1 & Client 2

Grant

Per our conversation this morning. Could you please get this credit in today. This was for two customers represented by this agent that had G6 outages back in June. If you could let me know when done I will follow up with the agent. Thanks

Dan S.

E-Mail From Daniel Springston: Credits we discussed for Client1 & Client2

ThomasFox — Thu, 13 Sep 2007 09:33:00 -0400

Tom

I have this one. I will talk to Grant Williams the Director of Business Care and get these processed today. As I am not in Care, I don’t know the lag time or billing cycle these customers are on but we will get this into the system today. I will confirm with you when they are in the system and let you know when they should post to our customers bill.

Dan s.

E-Mail To Daniel Springston: Credits we discussed for Client1 & Client2

ThomasFox — Thu, 13 Sep 2007 09:32:00 -0400
Mr. Springston,

Confirming our telephone conversation of 9/13/07 at 9:27am,
where I called 804-422-4100 to reach you, these credits will
be processed today.

Thank you for your help!

Tom Fox

E-Mail To Daniel Springston: Credits we discussed for Client1 & Client2

ThomasFox — Thu, 13 Sep 2007 09:27:00 -0400

Notice the date the message was sent, and the date Mr. Springston finally read it.

I ended up calling multiple numbers at Cavalier until I got someone that could transfer me to him.

Your message

To:        Thomas Fox; Springston, Daniel J.

Cc:       Client1

Subject:             RE: Credits we discussed for Client1 & Client2

Sent:   Fri, 27 Jul 2007 16:39:44 -0400

was read on Thu, 13 Sep 2007 09:26:43 -0400

E-Mail To Daniel Springston: Credits we discussed for Client1 & Client2

ThomasFox — Fri, 27 Jul 2007 16:39:00 -0400
Still not a word from you, Mr. Springston.... What is status?

Read Receipt: E-Mail To Daniel Springston: Credits we discussed for Client1 & Client2

ThomasFox — Tue, 10 Jul 2007 09:36:00 -0400

Your message

To:        ‘Fox, Thomas’; Springston, Daniel J.

Cc: Client1

Subject:             Credits we discussed for Client1 & Client2

Sent:   Tue, 10 Jul 2007 09:38:14 -0400

was read on Tue, 10 Jul 2007 09:35:57 -0400

E-Mail To Daniel Springston: Credits we discussed for Client1 & Client2

ThomasFox — Tue, 10 Jul 2007 09:35:00 -0400

(Note: I started to get smarter after a while, and requested delivery and read confirmations on most e-mails to Cavalier)

Hello,

We discussed a credit of full MRC for Client1 (main BTN:(redacted)) and 1/2 MRC for Client2 (main BTN:(redacted)) - neither has posted, and your customer service department does not have any information on this.

Please advise asap what I should be telling our mutual clients.

Thank you,

Tom Fox

FW: WE ARE DOWN AGAIN!!!!! RE: Smart T behavior during outages

ThomasFox — Mon, 26 Jun 2006 11:20:00 -0400

We suffered yet another outage with Cavalier on this date.

From: Fox,Thomas [mailto:tfox@expertsmi.com]
Sent: Monday, June 26, 2006 11:20 AM
To: 'Fox,Thomas'; 'Hendrick, Pete'; 'Rothstein, Stuart'; 'Radosevich, Dennis'; 'Spangler, John'
Subject: RE: WE ARE DOWN AGAIN!!!!! RE: Smart T behavior during outages

total outage was 8:45 - 11:15, 2.5 hours

Please process a credit in the amount of $304.50 (75% of SmartT MRC)

Thank you,

Tom Fox

From: Fox,Thomas [mailto:tfox@expertsmi.com]
Sent: Monday, June 26, 2006 9:21 AM
To: 'Hendrick, Pete'; 'Rothstein, Stuart'; 'Radosevich, Dennis'; 'Spangler, John'
Subject: WE ARE DOWN AGAIN!!!!! RE: Smart T behavior during outages

WE ARE DOWN HARD WITH NO INTERNET -- NO VOICE.

AS IS CLIENT1

AS IS CLIENT2

AS IS CLIENT3

AS IS CLIENT4

From: Hendrick, Pete [mailto:phendrick@TALK.COM]
Sent: Wednesday, May 10, 2006 1:39 PM
To: 'Fox,Thomas'
Subject: RE: Smart T behavior during outages

Tom,

I forwarded this information to my director and he will advise when he receives an update from engineering.

-----Original Message-----
From: Fox,Thomas [mailto:tfox@expertsmi.com]
Sent: Wednesday, May 10, 2006 12:55 PM
To: 'Hendrick, Pete'; 'Rothstein, Stuart'
Cc: 'Radosevich, Dennis'
Subject: Smart T behavior during outages

Pete and I did some testing this afternoon, to determine the

exact behavior the Smart T exhibits during various outage

situations.

We attempted to simulate an Adtran failure and a loop

failure (T1 down).

Adtran failure was simulated by simply turning off the Adtran.

Loop failure was simulated by unplugging the Adtran

from the smart jack.

In both cases, LDMI's switch responded the same way.

When calling any of our numbers during either scenario,

the call would ring 1 time (seemed to be a full ring, not a

half ring) and then would signal a fast-busy.

I was particularly interested in what behavior we would see

on 734-240-0200, as this number is programmed in LDMI's

switch to forward to our off-site answering service in the

event of a busy or no-answer (after three rings). I expected

the switch to see the line as "busy" during a circuit failure

(or Adtran failure) but it did not. It saw an error condition,

and did not forward the 0200 calls to the off-site answering

service.

In speaking with Pete, I understand LDMI uses a DMS

switch. I believe there is functionality in the switch to do

"failsafe" routing. So that if a line is down for whatever

reason, the calls can be automatically routed to a backup

number.

See:

http://www.focal.com/prod_serv/failsafe.html

Implementing this feature would be a good customer service

idea, and could generate extra revenue for LDMI (charge

a small monthly fee for the service).

In any event, we will need to develop a procedure and process

to deal with outages on the T1, such that our customers can

always reach us.

I'm interested in your ideas on how to accomplish this.

Thanks,

Tom

Relief for Service Outages

ThomasFox — Thu, 16 Feb 2006 17:39:00 -0500

This is what I was promised by Cavalier (then LDMI) if I ever had a service outage. They rarely followed it.

Tom,

Pursuant to our conversation, and in addition to service protection as outlined in the T1 Service Agreement, LDMI will provide the following relief (in the form of invoice credit to the account), should Technology Experts Inc. experience a documented loss of service to voice and data services as part of the LDMI SMAR T1:

Outage less then 30 minutes:                                                 $0.00

Outage greater then 30 minutes, less then one hour                  25% of MRC

Outage greater then one hour, less then two hours                    50% of MRC

Outage greater then two hours, less then four hours                   75% of MRC

Outages greater then four hours                                              100% of MRC

The above credits shall be applied to all outages causing loss of voice and data services, with the exception of those losses which may reasonably be classified as a "natural disaster", with losses to the entire SBC region, including greater Monroe Michigan.

Sincerely,

(redacted)

LDMI Sales Manager

(redacted)

Cavalier Account Balance Summary
Date	Description	Amount	Balance
9/1/2007	Account Balance	$829.90	$829.90
9/1/2007	Credit for 1/2 of August services on 9/1 billing	-$221.70	$608.20
9/1/2007	Credit for June outage (50% of MRC)	-$208.65	$399.55
10/1/2007	5 Toll Frees @ 5.95 ea + usage + tax	$33.20	$432.75
11/1/2007	5 Toll Frees @ 5.95 ea + usage + tax	$32.65	$465.40
12/1/2007	5 Toll Frees @ 5.95 ea + usage + tax	$33.37	$498.77
1/1/2008	9 days of Toll Frees	$4.00	$502.77
1/11/2008	800 Telecom Nascing Fees	-$380.00	$122.77
2/8/2008	Unitel Nascing Fees	-$175.00	-$52.23
Direct Time Logged To Cavalier Errors
21.5 hours @ $120 / hour	$2,580.00
(This is only the documented time. There was
more time spent!)
Miscellaneous Costs
UPS overnight fees, certified mail, copies, etc.	$100.00
Storage Fees For Equipment
8/17/2007	Brandy @ Cavalier Advised to pick up equipment
9/16/2007	Storage fees commence
9/30/2007	14 days @ $10/day	$140.00	$140.00
10/31/2007	31 days @ $10/day	$310.00	$450.00
11/30/2007	30 days @ $10/day	$300.00	$750.00
12/31/2007	31 days @ $10/day	$310.00	$1,060.00
1/31/2008	31 days @ $10/day	$310.00	$1,370.00
2/29/2008	29 days @ $10/day	$290.00	$1,660.00
TOTAL ECONOMIC IMPACT	$4,392.33

734-457-5000	734-244-7287	734-244-7298
734-241-7591	734-244-7288	734-244-7299
734-241-7592	734-244-7289	734-244-7300
734-241-7593	734-244-7290	734-244-7301
734-240-0200	734-244-7291	734-244-7302
734-457-4332	734-244-7292	734-244-7303
734-457-0680	734-244-7293	734-244-7304
734-243-1500	734-244-7294	734-244-7305
734-242-5600	734-244-7295	734-244-7306
734-244-7033	734-244-7296
734-241-1200	734-244-7297

UPS Service:	NEXT DAY AIR SAVER
Shipment Type:	Letter
Tracking Number:	1ZXV73601393105431