Spectrum Mobile to Update Sales Policy After Customer of Mexican Origin Allegedly Denied Service

SACRAMENTO – The California Civil Rights Department (CRD) today announced a settlement with Spectrum Mobile to resolve allegations that the company unlawfully denied service to an existing customer as a result of their immigration and citizenship status. As part of the settlement, the company will now be required to allow customers to use an Individual Taxpayer Identification Number (ITIN) to purchase cell phone services, provide training to employees, and compensate the customer.

“With immigrant communities under attack nationwide, California continues to show up for the rights of all our state’s residents,” said CRD Director Kevin Kish. “Store policies that limit service to people based on where they come from are unacceptable. Every customer in California is entitled to full and equal access to businesses. Through this settlement, Spectrum Mobile is taking important steps to comply with California law.”

Bad Reception

In late 2024, CRD received a complaint against Spectrum Mobile alleging that the company denied service to a customer of Mexican origin when they tried to buy a new phone and add a line to their existing account at a store in Stanislaus County. According to the complaint, the company required the customer to provide a social security number (SSN) and would not accept the customer’s ITIN — a nine-digit number issued by the Internal Revenue Service to people filing a tax return who are not U.S. citizens and are not eligible for an SSN — to confirm their identity.

The company allegedly told the complainant that without an SSN, pursuant to company policy, they would have to order the phone online or contact customer service and wait 3 to 5 business days for the phone to be delivered. In explaining the policy, an employee at the store allegedly told the customer that this was necessary “because, you know, people like you sometimes leave the country and don’t pay.” A supervisor, and later customer service, allegedly confirmed the denial and the employee instead put the phone order through for delivery. However, a few days later, after the customer complained about the alleged policy to customer service, they saw that their order had instead been canceled.

California Protects Immigrants

Under the Unruh Civil Rights Act, everyone in California is protected against discrimination at businesses based on a wide range of characteristics, including their race, ethnicity, ancestry, national origin, primary language, and perceived or actual citizenship and immigration status. These protections extend to certain other attributes that can stand in for these protected characteristics in some contexts, such as a person’s use of an ITIN instead of an SSN. In other words, businesses cannot treat people worse because of who they are or where they come from, including by providing inferior services, denying service, or charging higher prices. The law applies to all business establishments, including retail stores, restaurants, hotels, hospitals, and gyms. California is also home to by far the most people who pay taxes using an ITIN with roughly 866,000 filers, nearly double the number of any other state.

Message Received

After conducting an initial investigation, CRD provided Spectrum Mobile an opportunity to resolve the allegations through mediation. As a result of the settlement, the company, without admitting wrongdoing, will:

• Modify its policies to ensure ITINs are accepted on the same basis as SSNs.
• Provide nondiscrimination training to employees.
• Report to the state on compliance for a period of two years.
• Pay the customer a confidential amount in compensation for the alleged harms.

If you or someone you know has experienced discrimination at a business, CRD may be able to assist you through its complaint process. The department also provides general information and factsheets online about civil rights protections, including with respect to protections at businesses and for immigrants.

The settlement announced today was secured by Staff Counsel Melissa Tribble, Staff Counsel Sophie Tohl, Senior Staff Counsel Juan Gamboa, and Assistant Chief Counsel James F. Zahradka II. It was mediated by Senior Attorney Mediator Yu-Yee Wu.

You can learn more by reading the settlement.

The California Civil Rights Department (CRD) is the state agency charged with enforcing California’s civil rights laws. CRD’s mission is to protect the people of California from unlawful discrimination in employment, housing, public accommodations, and state-funded programs and activities, and from hate violence and human trafficking. For more information, visit calcivilrights.ca.gov.

View Press Release (PDF) Spectrum Mobile to Update Sales Policy After Customer of Mexican Origin Allegedly Denied Service