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Subject:

Re: (reply) Mobile phone scam warning

From:

Carl Johnson <[log in to unmask]>

Reply-To:

Carl Johnson <[log in to unmask]>

Date:

Fri, 9 Sep 2005 00:13:02 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (286 lines)

 Martin,

Quick question, have any of the telco's recently introduced an option to bar
incoming reverse charge sms? If not, is this on the cards for the future?

>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

Sounds reasonable to me. I also extend the same offer to you next time I'm
down that way!

Carl

-----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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