It is a case of horses for courses. To find out why your name is being used
for marketing (etc) purposes and to determine that consent, then a simple
SAR requesting all the data held on you is reasonable.
To trace how and when you are alleged to have consented to receiving paid
for SMS services is a totally different matter. I doubt very much that the
carrier is the right person to challenge here. They are simply a wholesaler
of services who also act as the billing entity. In reality this is a highly
complex relationship. But they are most unlikely to have any record of any
consent alleged to have been given by you to the purveyor of SMS tat. The
contract for supply of SMS tat is not with the carrier, but the tat
supplier, you see.
Now it may well annoy the carrier sufficiently if enough people cost them
money with an SAR each, but I somehow think it is an unfruitful method of
doing anything except expressing frustration. Better to kick the supplier
of SAM tat than the middle man who simply has the mixed fortune to be there.
I suspect this is unwinnable because you can never prove that you did not
text the supplier of tat with your consent, but you also strike me as
determined enough to take it to the finish line.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
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-----Original Message-----
From: Devenish, Tom [mailto:[log in to unmask]]
Sent: 12 September 2005 11:22
To: Tim Trent; [log in to unmask]
Subject: T-mobile - was Re: (reply) Mobile phone scam warning
T-Mobile have said they're not liable because "we pay for these texts then
charge you". Here they seem to have put themselves as a "middle man"?
I have decided to pursue this. What would I ask fr in SAR? Obviously they
would give me just my information - but really I am looking for consent from
myself to be charged?
Tom
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: 09 September 2005 11:34
> To: [log in to unmask]
> Subject: Re: T-mobile - was Re: (reply) Mobile phone scam warning
>
> I managed with Southern Electric or whoever they are now! I was
> determined and the number was 0800
>
> I suggest an SAR.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Edwina Withe
> Sent: 09 September 2005 11:32
> To: [log in to unmask]
> Subject: Re: [data-protection] T-mobile - was Re: (reply) Mobile phone
> scam warning
>
> Ah - Utilities marketing.......... Does anyone know where I can write
> or phone to get my address off British Gas marketing list. I used to
> be a BG customer but haven't been one for many years and I regularly
> get door steppers trying to persuade me to return to BG! I hate door
> step sellers & people wanting to talk to me about God, disturbing my
> peace and quiet in the evening when I've had a busy day and I'm tired.
> I'm afraid I chewed off the ears of the BG marketing rep the other
> evening and asked him to take my name off his list and he gave me a
> call centre number. On phoning surprise surprise, it was a customer
> call centre who
> obviously couldn't help as I'm not a customer! When I asked
> for a name
> and address to write to so I could get my name off the BG marketing
> list, they didnt understand and gave me the actual address of the call
> centre in Basingstoke! That evening I went into the BG web
> site and it
> is so huge and there are so many addresses I haven't a clue and I know
> that they will be back again next year :-(
>
>
>
>
> >>> Tim Trent <[log in to unmask]> 09/09/2005 10:15:26
> >>>
> You know, there is a "someone" within probably all mobile phone
> companies who does allow the information to escape.
>
> I am with a different provider, and they don't sell details either.
> But the
> caller who called me relatively recently had full access to my account
> details despite not working for or even being more than slightly
> associated with the provider. By full access I mean the precise
> nature and expiry date of my contract.
>
> Something is awry, I think, in pretty much all industries that have
> contracts with the domestic consumer. This includes the doorstepping
> utilities rep "business". It might be akin to a large IT manufacturer
> I worked for who found there was a "Spare parts counter" in its
> warehouse that it neither knew about nor received the money from.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Martin Hoskins
> Sent: 09 September 2005 09:01
> To: [log in to unmask]
> Subject: Re: [data-protection] T-mobile - was Re: (reply) Mobile phone
> scam warning
>
> Chris
>
> Despite working for the company, I often receive unsolicited calls
> from "T-Mobile" representatives explaining that T-Mobile has sold them
> their contact details and the purpose of the call is to encourage me
> to commit myself to another contract with them.
>
> I explain to such callers that they are talking b******s. I tell them
> that I know that T-Mobile does not sell or otherwise supply their
> customer lists to third parties for this sort of activity (or any
> activity - T-Mobile does not share its customer records - period.) I
> also explain to them that since I use a T-Mobile company phone, they
> couldn't have been sold/given my details as I don't have a contract
> that needs extending anyway. Before the penny drops, I also tell them
> that I work in T-Mobile's legal department.
> Often,
> they hang up at that stage.
>
> The problem lies in the structure of the telecoms market. A very large
> percentage of the income that agents receive is when they "churn"
> customers
> from one network to another. They get very little (and frequently no)
> commission if a customer extends his current contract, or remains with
> their current supplier. So agents get ever more desperate, phoning up
> anyone whose numbers they can get hold of.
>
> The moral of the story is: If you receive an unsolicited marketing
> call from someone claiming to call on behalf of T-Mobile, feel free to
> swear at them before hanging up.
> T-Mobile won't be offended, as it didn't make or authorise the call in
> the first place.
>
> Happy Friday.
>
> Regards to all
>
>
> 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: C.B.Bayliss [mailto:[log in to unmask]] On Behalf Of
> Chris Bayliss
> Sent: 08 September 2005 17:25
> To: Martin Hoskins
> Cc: [log in to unmask]
> Subject: T-mobile - was Re: (reply) Mobile phone scam warning
>
>
> On Thu, Sep 08, 2005 at 04:19:34PM +0100, Martin Hoskins wrote:
> > 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.
> >
>
> My recent experience with T-Mobile staff demonstrated similar
> behaviour.
> Despite being in the TPS I recently received an unsolicited sales
> call.
> When I asked the name of the company the caller was from I was told
> that it was T-mobile.
>
> When I asked for the appropriate address and telephone details so that
> I could fill in an appropriate complaint form at the DMA website the
> caller offered to refer me to a supervisor and when I said yes, they
> hung up.
> If
> this group form a typical sample of the population, this could mean
> tens of thousands of people are getting similar discourteous treatment
> at the hands of T-mobile.
>
>
>
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