2degrees charging premium rates to opt out

Forums › 2degrees (including Slingshot, Orcon, Flip, Stuff Fibre, MyRepublic, 2talk and Vocus) › 2degrees charging premium rates to opt out

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NzBeagle

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#1640765 26-Sep-2016 15:34

At least this resulted in a Stopping of said service. I had repeatedly replied STOP to SMS from 5443 and continued to receive the messages for months after.

Good luck.

sbiddle

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#1640769 26-Sep-2016 15:42

NzBeagle:

It'd also be interesting to see how your number got registered for the service, always note when I'm requested to provide my number for any forms etc, like the ones at the mall offering a prize of free travel... As this might warn others where the source was.

The premium messaging code of conduct says the provider MUST keep these details. Whether it's a SMS signup or signup using a number from a marketing database

I still have no idea if the OP has contacted the actual premium rate provider which is the required process because I still don't think they've accepted it's not 2d's issue

sbiddle

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#1640770 26-Sep-2016 15:44

MichaelNZ:

NzBeagle:

It'd also be interesting to see how your number got registered for the service, always note when I'm requested to provide my number for any forms etc, like the ones at the mall offering a prize of free travel... As this might warn others where the source was.

I know who the advertiser is (The Tool Shed) and they have permission to email me.

Thing is they do not have permission to subscribe me to premium text services.

What is the EXACT wording of the customer database that you signed up to? You're not paying to receive these messages so it's not like they've signed you up to a premium service with a per message fee.

MichaelNZ

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#1640774 26-Sep-2016 15:54

sbiddle:

I still have no idea if the OP has contacted the actual premium rate provider which is the required process because I still don't think they've accepted it's not 2d's issue

You might well think "it's not fair" for 2degrees. If so, you are entitled to your opinion.

However, we will see what happens when the actual arbiters look into it. My bet is that certain companies who are well practiced at trying to weasel out (but happily accepting revenue from their industry rackets) and distract their clients by directing them down red herring avenues may find they are on the line.

From a legal perspective I have a good case for holding 2degrees liable. My company has a contract with them and they are the ones claiming the money. Is that the final position? I don't know yet but it does create standing and that is a good start.

I have asked you to show where I have standing to claim against another party (who I have no contract or relationship with) and you haven't come up with this.

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MikeB4

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#1640776 26-Sep-2016 15:58

MichaelNZ:

sbiddle:

I still have no idea if the OP has contacted the actual premium rate provider which is the required process because I still don't think they've accepted it's not 2d's issue

You might well think "it's not fair" for 2degrees. If so, you are entitled to your opinion.

However, we will see what happens when the actual arbiters look into it. My bet is that certain companies who are well practiced at trying to weasel out (but happily accepting revenue from their industry rackets) and distract their clients by directing them down red herring avenues may find they are on the line.

From a legal perspective I have a good case for holding 2degrees responsible. My company has a contract with them and they are the ones claiming the money. Is that the final position? I don't know yet but it does create standing and that is a good start.

I have asked you to show where I have standing to claim against another party and you haven't come up with this.

In your words...

"I know who the advertiser is (The Tool Shed) and they have permission to email me.

Thing is they do not have permission to subscribe me to premium text services.

At the end of the day, that's not the main point because if the unsubscribe was free that would have been the end of the matter. In their case, I am happy to receive marketing communications from them by email - I do not accept being ripped off on the unsubscription from the text messages."

NzBeagle

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#1640778 26-Sep-2016 16:01

MichaelNZ:

NzBeagle:

It'd also be interesting to see how your number got registered for the service, always note when I'm requested to provide my number for any forms etc, like the ones at the mall offering a prize of free travel... As this might warn others where the source was.

I know who the advertiser is (The Tool Shed) and they have permission to email me.

Thing is they do not have permission to subscribe me to premium text services.

At the end of the day, that's not the main point because if the unsubscribe was free that would have been the end of the matter. In their case, I am happy to receive marketing communications from them by email - I do not accept being ripped off on the unsubscription from the text messages.

I'd be looking to both parties, The Tool Shed states they will contact you via email no confirmation of SMS. So if you signed up as per this form, could be worth arguing with them also. If you are happy in just pursuing 2 degrees then no worries, your time and effort and i'm interested in how you get on.

MichaelNZ

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#1640779 26-Sep-2016 16:02

TBH I am getting rather bored with the morality/opinion lawyers and respectfully request they leave this until I have something to report.

If I wanted legal advice I would ask my Mother, who has passed the bar.

Although not a lawyer myself, I am cognizant of legal principles and have a very successful track record of prevailing in quasi-legal matters.

I still remember my lecturer in 1st year business law. He said the law is not what we want it to be or our personal morality - it's what it says in the legislation as interpreted by courts.

While I am not suggesting a 20 cent text message equates to a court case (lol!) it still pays to keep within the scope of how things work.

Therefore if someone can offer me feedback based on precedent or some source/reference which has some standing/relevance - like SaltyNZ's post - this is useful, thanks.

WFH Linux Systems and Networks Engineer in the Internet industry | Specialising in Mikrotik | APNIC member | Open to job offers

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MikeB4

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#1640783 26-Sep-2016 16:12

MichaelNZ:

TBH I am getting rather bored with the morality/opinion lawyers and respectfully request they leave this until I have something to report.

If I wanted legal advice I would ask my Mother, who has passed the bar.

Although not a lawyer myself, I am cognizant of legal principles and have a very successful track record of prevailing in quasi-legal matters.

I still remember my lecturer in 1st year business law. He said the law is not what we want it to be or our personal morality - it's what it says in the legislation as interpreted by courts.

While I am not suggesting a 20 cent text message equates to a court case (lol!) it still pays to keep within the scope of how things work.

Therefore if someone can offer me feedback based on precedent or some source/reference which has some standing/relevance - like SaltyNZ's post - this is useful, thanks.

Then why post a thread here?

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