Commission for Complaints for Telecom-television Services

The letter · 24 September 2026

Re: CCTS: COMP-01407915-PT - Danilo Dzyuban- Unresolved CCTS:[number]

Hello,

This is my answer to the unresolved report Public Mobile filed in COMP-01407915-PT on 24 September 2026. Place it on the file for the Complaints Resolution Officer. Public Mobile's own attachments decide this complaint against it.

1. The account note. Public Mobile states that its attachment holds "The only manual account note". The note is dated 4 August 2026 and begins: "Cleanup list, no contact with the client". Public Mobile took my number off my line from a cleanup list, and its own record says there was no contact with me when it did.

2. The notice. The same note says: "Sent last notice email/SMS to inform client." No such email reached me. My mailbox, spam and trash included, holds no email from Public Mobile on 4 August 2026 except a rewards promotion. Public Mobile's report produces none. The only notice it produces is a text message of 4 August 2026 at 1:04 PM EDT, status "Pending", addressed to my old number, the number Public Mobile says was "still active with Freedom Mobile". That message names the new number Public Mobile had just put on my Public Mobile line. Public Mobile had that number and did not send the notice to it. On 17 September 2026 Public Mobile wrote to me that this message "failed in some way (likely due to not being delivered)". Its report now says: "it's likely that the client did not receive it."

3. Causation. Public Mobile writes: "We acknowledge that the client would not have been able to initiate a new port if he did not know that the number was changed." Public Mobile admits that its failed notice is why my number stayed off my line.

4. The channel that worked. At 3:01 PM EDT on 4 August 2026, less than 2 hours after the failed text, Public Mobile emailed me a rewards promotion titled "Danilo, welcome to Public Points." It emailed me account verification codes on 8 August 2026 and a satisfaction survey on 17 August 2026. It never emailed me that my number was gone.

5. The record Public Mobile cannot find. Public Mobile writes: "Public Mobile does not have a record of the text message sent to the client, since it was sent by Freedom Mobile." On 21 September 2026 the same Escalations team wrote to me: "There were no issues with the text message on July 31 at 6:43PM." Either that record exists and Public Mobile kept it from the CCTS, or Public Mobile vouched to me for a message it never saw.

6. The support it relies on. Public Mobile writes: "The client had available support options at his disposal online." Its own exhibit promises: "we strive to answer all customer messages/inquiries as soon as possible." On 10 August 2026 I submitted a ticket through that system, flagged as a recent port with texts failing. Nobody answered it. Public Mobile's first written reply came on 8 September 2026, 29 days later and 4 days after the CCTS accepted this complaint.

7. The repair it claims. Public Mobile's exhibit "Service Works" is my own email of 8 September 2026, and the sentence Public Mobile highlighted reads: "The service works today because I restored it myself." Its "Completed Port" record is my own port request, completed on 29 August 2026. Its usage sample covers 20 to 23 September 2026. Not one entry comes from 31 July to 29 August 2026, the period of this complaint.

8. The clause. Public Mobile relies on its no-liability term. Its own exhibit "Not Liable" states: "None of the limitations of liability stated above apply in cases of deliberate fault, gross negligence or anti-competitive conduct on the part of Public Mobile". An agent changed my number by hand, from a cleanup list, with no contact with me, and sent the only notice to a number Public Mobile itself says was still with Freedom Mobile. That is deliberate conduct, and at the least gross negligence. The clause Public Mobile filed excludes it. In Finding 870 a provider's terms claimed "no liability for any error, omission, or delay in connection with a transfer of phone number", and the CCTS still found that the provider "has not met its obligations to the customer in relation to the port issue".

This is what Public Mobile's conduct cost. My number carried the verification for the 2 things I was opening in August 2026:
1. My GoFundMe fundraiser, with a goal of $150,000. On 17 and 18 August 2026 I requested the verification code 6 times over 3 hours. None arrived. On 31 August 2026 GoFundMe Escalated Support wrote that "your phone carrier is not allowing you to receive the SMS codes", that "a functioning, SMS-capable phone number is one of the requirements to start or receive funds from a fundraiser on our platform", and that "We do not have a way to verify your number manually, via email, or through a voice call."
2. My business bank account application. On 26 August 2026 the one-time code sent by text message did not arrive. The code sent by email arrived at 9:25 PM the same evening.
In Finding 870 the customer produced no proof of loss. I have produced mine, in writing, from GoFundMe.

Public Mobile charged $24.86 for the cycle in which, on its own account, my number stayed with Freedom Mobile. It now withdraws even "the $22.00 initial payment": "As the client has declined the credit offer, it is no longer available." A refund of my own payment is not a favour Public Mobile may withdraw because I refused to close this file.

Require Public Mobile to produce under section 15.1(b):
1. The "last notice email" its account note says was sent on 4 August 2026, with its address, time and delivery record, or a written statement that no email was sent.
2. The full delivery history of the text message of 4 August 2026, including every response received from the carrier.
3. The account note of 4 August 2026 as a system record, unredacted, with the agent's identity and the time zone.
4. The cleanup list on which my account was placed: its criteria, who compiled it, and how many accounts it held on 4 August 2026.
5. The record of the message of 31 July 2026 at 6:43 PM that Public Mobile told me had "no issues".
6. The record of my ticket of 10 August 2026 and every action taken on it.
7. The internal procedure for changing a customer's number after a failed port, including how the customer must be told.

In Finding 990 the provider produced no porting records and no internal process, and the CCTS held that "there is insufficient evidence available to verify that the service provider fulfilled its obligations". Apply the same rule to every record Public Mobile fails to produce.

Find that Public Mobile failed its obligations to me. Award the refund of $24.86, compensation of $5,000, which Section 13.1 of the Procedural Code sets as the maximum, and a written report of the fault. No payment closes this file without findings, and I sign no release. I reserve my claim for the loss beyond $5,000 in the Small Claims Court of Ontario.

Confirm by 1 October 2026 the name of the Complaints Resolution Officer and the date by which Public Mobile must produce these records.

Respectfully,
Danilo Dzyuban
Ottawa, Ontario [postal code]