If the experience I had with the XXX-rated rogue dialler calls with BT
is anything to go by, ICSTIS may well be sorting things out for the
future but there is sweet FA they can do to force companies to refund
the costs that have already been made. BT's suggestion was to write to
Big-Cox-R-Us Inc to ask them for a refund! As if!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Martin Hoskins
Sent: 08 September 2005 16:20
To: [log in to unmask]
Subject: Re: [data-protection] (reply) Mobile phone scam warning
First, on behalf of T-Mobile, I must offer Tom Devenish an unqualified
apology if a Customer Service Adviser just "hung up" on him as he called
to complain about his telephone bill. This is not the behaviour that I
would expect of any of our staff.
Second, I must advise the group that there is a problem in this area,
which surrounds the way that third party ringtone providers (and other
premium rate SMS service providers) obtain and audit the "consents" that
are received which permit them to send ring tones or other chargeable
SMS messages to the relevant mobile phones. The industry regulator,
ICSTIS, is investigating allegations of "scams" where mobile phone
owners have been "misled" into asking for chargeable services that never
seem to stop. A frequent complaint is that owners who, say, ordered a
single ringtone find, to their great distress, that they have actually
subscribed to an expensive series of ringtones, and they are not sure
how to stop the service.
Sometimes the information about the fact that it is a subscription
service is hard to ascertain. Sometimes the person who requests the
ringtone simply doesn't read the text which would have clearly explained
that it is a subscription service.
When a customer complains to their mobile provider, the Customer Service
Advisor will be able to provide the complainant with contact details of
the Premium Rate Service Provider. Many of these service providers
operate from SMS short codes - and although these short codes can change
pretty frequently, the mobile phone company will know which company was
behind a particular short code at any point in time. The mobile
providers are currently working with ICSTIS to tighten the regulatory
environment within which these rogue operators (and legitimate
operators) work, and would welcome complaints being directed to ICSTIS,
so that ICSTIS can get a better sense of the real problems that exist,
and also so that ICSTIS can take action against the rogue elements that
are still operating out there.
Hopefully people will accept that although mistakes will sometimes
happen, standards are generally pretty high and that, overall, the vast
majority of people who use SMS technology to purchase electronic
services do not experience the problems that Tom has experienced. When
the relevant provider has been identified, it will be interesting to
learn just what service was advertised, what terms and conditions
applied to that offer, and how the provider judged that Tom (or someone
using Tom's phone) had asked for the particular service.
Finally, if I were able to offer Tom a million free minutes as a
goodwill gesture I would. But I do not have the authority to offer him a
million free minutes, so I won't. Instead I will gladly offer him a pint
should we meet, and would also be very happy if he would like to contact
me off-line so we can try to resolve this matter privately.
Regards
Martin Hoskins
Data Protection Manager
T-Mobile (UK) Ltd
Hatfield Business Park
Hatfield, Hertfordshire AL10 9BW
+44 (0)7957 234585
+44 (0)1707 319056 fax
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 08 September 2005 09:01
To: [log in to unmask]
Subject: Re: (reply) Mobile phone scam warning
Having done data protection work for a major mobile phone company,
threatening them with ICO complaints and Principle breaches won't work.
Nothing wrong in submitting a SAR though, you may be able to prove a
call was not made. As mentioned before, they are just the network on
which information (voice messages, SMS, etc) are carried, so have little
control over how it's used - think how BT react to people complaining
they have been hit with a premium rate dialler for their Internet access
- the bill still has to be paid.
It will therefore be very difficult to prove they have breached any
Principles.
With regard to Jamster, there have been complaints about these companies
operate and I believe that the networks should take some action over
these organisations. DO you have any young/teenage children? Can you be
sure they didn't request the ring tone on your phone?
Jamster automatically sign you up to these sorts of services when you
download a ring tone. It's extremely unethical, but there you go....
Simon Howarth.
-----Original Message-----
From: ALASDAIR WARWOOD [mailto:[log in to unmask]]
Sent: 07 September 2005 15:11
To: [log in to unmask]
Subject: Re: [data-protection] (reply) Mobile phone scam warning
Threaten them with a SAR and a complaint to ICO about breaches of
Principles 1, 3,4,and 7
Regards
Alasdair
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Devenish, Tom
Sent: 07 September 2005 14:44
To: [log in to unmask]
Subject: Re: (reply) Mobile phone scam warning
Thankyou,
I have just spoken to T-mobile who say they do not take responsibility
for these "third party" messages. I treid to explain the below advice
and the lady hung up on me?
Any ideas?
Many Thanks,
Tom
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Graham Hadfield
> Sent: 07 September 2005 08:16
> To: [log in to unmask]
> Subject: Re: Mobile phone scam warning
>
> If this ever happened to me I should be demanding to know from my
> phone provider where they received the instructions from and what
> proof they obtained that I had, indeed, subscribed. At the same time I
> should be contacting my colleagues in Trading Standards.
>
> Regards,
> Graham
>
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