Does a customer have to pay the $35.00 fee to contest the first letter they receive if the incident was a blatant mistake. Say the ISP claims that files were downloaded while the customer was on vacation and their modem turned off. what happens if the matter was caused by an indifferent ISP employee misidentifying which customer the IP address was assigned to when the dirty deed was done. If the reported incident was a mistake the customer should receive triple damages or $105.00.