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freitasm

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  #3439708 3-Dec-2025 09:27
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BlakJak:

 

2Degrees can send you what they want for as long as you're their customer.

 

 

Not at all. They can send service-related notices. Marketing communications are not service-related notices.

 

They can send something about an upcoming outage on my phone services. They cannot send something about a new service, without an opt-in.

 

From https://www.dia.govt.nz/Spam-NZ-Spam-Law-for-Businesses

 

 

 

The Act provides that the following common messages between organisations and clients/customers are not commercial electronic messages:

 

    Responses to a request for a quote or estimate
    Messages that facilitate, complete or confirm a commercial transaction that the recipient previously agreed to
    Warranty information, product recalls and safety and security information about goods or services used or purchased by the recipient
    Factual information about a subscription, membership, account, loan or similar ongoing relationship
    Information directly related to employment or a related benefit plan in which the recipient is currently involved
    Delivers goods and services that the recipient is entitled to receive under the terms of a previous transaction.





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  #3439713 3-Dec-2025 09:40
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Question.... have you ever used their Pinata thing previously ? If so, thats how they'll be covering themselves, that you used it and usage auto accepted comms around it..

 

 





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freitasm

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  #3439715 3-Dec-2025 09:45
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Likely the case, even though not needed in the days of unlimited data.

 

Still doesn't mean they are exempt of the requirement of an unsubscribe method.





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alavaliant
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  #3439723 3-Dec-2025 10:18
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For the record I got the Pinata spam sms as well.   And I'm quite sure I've never used/participated in one of their data competitions before. 
I find it quite ironic that 2degrees in their marketing still tries to claim they are better than the other mobile providers,  while they pull stuff like this.


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  #3439729 3-Dec-2025 10:48
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Given that they have breached the unsolicited digital communications act, and their own T&Cs, you could probably theoretically go after them for damages. The problem with spam is that it is near impossible to quantify any consequential losses because it's an annoyance rather than a financial cost.

 

If it were me then I would serve them with a breach of contract notice. Send them a copy of their T&Cs with a highlight on the section that states that an unsubscribe facility is available on their portal, along with a screenshot showing that this is not actually the case. Tell them you will allow them seven days to acknowledge your request and to comply.

 

If they ignore you after seven days and keep harassing you (which they probably will) then you will need to be prepared to terminate your contract and move to another provider. 


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  #3439733 3-Dec-2025 10:59
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@alasta I am sure they have not breached unsolicited digital communications act as they are a service provider sending SMS to there own customers


 
 
 

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freitasm

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  #3439737 3-Dec-2025 11:06
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@Linux:

 

@alasta I am sure they have not breached unsolicited digital communications act as they are a service provider sending SMS to there own customers

 

 

Incorrect. See my reply on top of the page here.

 

The message is not essential to the service provided. It's marketing communication and not part of the service I pay for.





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  #3439742 3-Dec-2025 11:14
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freitasm:

 

@Linux:

 

@alasta I am sure they have not breached unsolicited digital communications act as they are a service provider sending SMS to there own customers

 

 

Incorrect. See my reply on top of the page here.

 

The message is not essential to the service provided. It's marketing communication and not part of the service I pay for.

 

 

@freitasm Ok that is all good then (well not really cause these SMS are a pain)

 

For this bit who is going to refund my 20 cents replying ' Stop ' to a OneNZ SMS on my 2degrees number?

 

If you send commercial TXT messages you must arrange a free unsubscribe facility via TXT message


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  #3439773 3-Dec-2025 13:11
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freitasm:

 

BlakJak:

 

2Degrees can send you what they want for as long as you're their customer.

 

 

Not at all. They can send service-related notices. Marketing communications are not service-related notices.

 

They can send something about an upcoming outage on my phone services. They cannot send something about a new service, without an opt-in.

 

From https://www.dia.govt.nz/Spam-NZ-Spam-Law-for-Businesses

 

 

 

The Act provides that the following common messages between organisations and clients/customers are not commercial electronic messages:

 

    Responses to a request for a quote or estimate
    Messages that facilitate, complete or confirm a commercial transaction that the recipient previously agreed to
    Warranty information, product recalls and safety and security information about goods or services used or purchased by the recipient
    Factual information about a subscription, membership, account, loan or similar ongoing relationship
    Information directly related to employment or a related benefit plan in which the recipient is currently involved
    Delivers goods and services that the recipient is entitled to receive under the terms of a previous transaction.

 

 

 

 

There's almost certainly something in there which default assumes consent unless you withhold it, to contact you about related products/services.

 

Back to - talk to 2D. Challenge them as to why you're suddenly getting ads you didn't ask for and ask them to establish their consent under the UEM act.

 

And ask them to stop. If they don't, you really only have one option left.





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  #3441140 7-Dec-2025 20:26
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I got one this morning too..

 

From their Data Pinata T&Cs:

 

"23. Our Privacy Policy applies to any personal information collected for the purposes of Data Piñata. This means you agree to 2degrees contacting you about 2degrees services and products which may be of interest to you. You can opt – out of these messages by following the unsubscribe process in these communications at any time."

 

I'll ask someone who might know, or perhaps someone can tag the usual contacts here? 


freitasm

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  #3441141 7-Dec-2025 20:29
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@saltynz

 

Why are there no STOP option on Data Pinata SMS?

 

Why the Data Pinata SMS are sent from s code pypu can't teply to?

 

Why are there no communications options on the web portal?

 

 





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  #3441259 8-Dec-2025 08:09
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freitasm:

 

@saltynz

 

Why are there no STOP option on Data Pinata SMS?

 

Why the Data Pinata SMS are sent from s code pypu can't teply to?

 

Why are there no communications options on the web portal?

 

 

 

 

 

 

Ah, I'm afraid I can't really comment on this one, sorry.





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These comments are my own and do not represent the opinions of 2degrees.


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