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

MichaelNZ

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#204261 23-Sep-2016 21:13

I called up 2degrees tonight to enquire about a 20c account balance.

I was informed this was for an opt out text I sent yesterday. The text message which initiated this response from me said "Reply STOP to stop texts". No mention of any charge.

At no time have I contracted to receive any premium texts. The advertiser (a well known retail company) took the choice to send the text unilaterally.

Basically the upshot of the conversation with 2degrees is as follows:

1. They do not offer any option to block incoming premium texts

2. They do not offer any free of charge unsubscribe option

3. The CSR's attitude basically indicated they don't give a stuff and it's somehow my fault.

This is unacceptable and I'm investigating what avenues may be available to put an end to this racket.

Could other people who have been ripped off in this manner - whether by 2degrees or another mobile phone provider - or have any suggestions to contribute please contact me by PM.

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#1639620 23-Sep-2016 21:20

Bill the company that sent the text in the first place.

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sbiddle

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#1639624 23-Sep-2016 21:29

TCF industry guidelines that pretty much every SMS provider is signed up to state that STOP messages must be free unless you're advised otherwise.

There is no point getting grumpy at 2d - they are neither the provider of the service nor the provider. They can't give you a refund because it has nothing all do with them. They do not set pricing nor conditions of service.

You need to take up the issue with the provider or lodge a spam complaint with the DIA.

MichaelNZ

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#1639625 23-Sep-2016 21:32

sbiddle:

There is no point getting grumpy at 2d - they are neither the provider of the service nor the provider. They can't give you a refund because it has nothing all do with them. They do not set pricing nor conditions of service.

They are the ones charging it and that is where the contractual relationship lies.

There is also no "conditions of service" or contract whatsoever between myself and whoever is sending the texts.

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sbiddle

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#1639626 23-Sep-2016 21:34

MichaelNZ:

sbiddle:

There is no point getting grumpy at 2d - they are neither the provider of the service nor the provider. They can't give you a refund because it has nothing all do with them. They do not set pricing nor conditions of service.

They are the ones charging it and that is where the contractual relationship lies.

They're simply passing on a charge. The contractual relationship is with the premium content provider.

sbiddle

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#1639627 23-Sep-2016 21:37

The content provider must retain records for 2 years of customer consent. This issue is easily solved, but not from 2degrees because they have nothing to do with the premium rate service. If you haven't signed up they'll be in breach of this code.

MichaelNZ

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#1639628 23-Sep-2016 21:37

sbiddle:

They're simply passing on a charge. The contractual relationship is with the premium content provider.

There is no contract with anyone but them (ie: 2degrees) so they are out of luck if that's what they think.

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sbiddle

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#1639630 23-Sep-2016 21:39

MichaelNZ:

There is also no "conditions of service" or contract whatsoever between myself and whoever is sending the texts.

So you're saying it's impossible for this retailer to have your number and for you to have consented to use of it?

As I said this issue is very easily sorted. They have to keep these records, so if you haven't consented then they'll be in trouble.

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sbiddle

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#1639631 23-Sep-2016 21:41

MichaelNZ:

sbiddle:

They're simply passing on a charge. The contractual relationship is with the premium content provider.

There is no contract with anyone but them (ie: 2degrees) so they are out of luck if that's what they think.

Incorrect. If you want the issue to be sorted you NEED to follow proper process. 2d are not the provider of the service nor the company that's paying to send you the message.

MichaelNZ

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#1639633 23-Sep-2016 21:44

sbiddle:

So you're saying it's impossible for this retailer to have your number and for you to have consented to use of it?

As I said this issue is very easily sorted. They have to keep these records, so if you haven't consented then they'll be in trouble.

They obviously have my number but they have zero consent guaranteed.

I have never, ever subscribed to any premium text service ever.

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MichaelNZ

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#1639634 23-Sep-2016 21:46

sbiddle:

Incorrect. If you want the issue to be sorted you NEED to follow proper process. 2d are not the provider of the service nor the company that's paying to send you the message.

Please cite the legislation which makes this so.

Otherwise it's a simple case (as to who's responsible) of who the contract is with.

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sbiddle

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#1639640 23-Sep-2016 22:04

MichaelNZ:

sbiddle:

So you're saying it's impossible for this retailer to have your number and for you to have consented to use of it?

As I said this issue is very easily sorted. They have to keep these records, so if you haven't consented then they'll be in trouble.

They obviously have my number but they have zero consent guaranteed.

I have never, ever subscribed to any premium text service ever.

You don't need to have subscribed to a service (ie sent a SMS to say you want to subscribe). Subscription does not need to be via mobile, so if you've given them your number and given consent for the use of it that's enough. Consent can be opt out.

I'm trying to help you here by pointing you into the right direction. You think 2degrees are at fault because you don't want to follow proper process which is very clearly detailed.

30.1.2 When a Customer complaint is first made about a Messaging Service in relation to:

(a) Billing queries, the complaint must be directed to the Aggregators/ Content providers

(b) Network failure, the complaint must be directed to the TSP;

(c) Message content, the complaint must be directed to the helpline number associated with that Messaging Service;

(d) Advertising, the complaint should be directed to the Content Provider in the first instance and if required thereafter to the Advertising Standards Authority; and

(e) Unsolicited Messages, the complaint should be directed to the UEMA and Department of Internal Affairs.

Your issue is NOT with the TSP (2degrees), it's (a) and/or (e)

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#1639643 23-Sep-2016 22:12

Steve is correct the premium SMS provides must also provide a local or free calling number to contact them

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MichaelNZ

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#1639644 23-Sep-2016 22:13

sbiddle:

30.1.2 When a Customer complaint is first made about a Messaging Service in relation to:

(a) Billing queries, the complaint must be directed to the Aggregators/ Content providers

(b) Network failure, the complaint must be directed to the TSP;

(c) Message content, the complaint must be directed to the helpline number associated with that Messaging Service;

(d) Advertising, the complaint should be directed to the Content Provider in the first instance and if required thereafter to the Advertising Standards Authority; and

(e) Unsolicited Messages, the complaint should be directed to the UEMA and Department of Internal Affairs.

Your issue is NOT with the TSP (2degrees), it's (a) and/or (e)

I have no idea who the "aggregator" is because I have no relationship with them, ever.

Without a reference I have no way of knowing if the above has the weight of law or whether it's just a red herring path industry players like to send people down so they can continue on as they were.

In any case it doesn't absolve 2degrees. Ditto for many other retailers of products/services who have had to make something good because they are responsible as the party who has the contract with the consumer.

If the industry players have a agreement of protocol between themselves, then it's then up to them to claim on it. Not the customer.

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#1639645 23-Sep-2016 22:19

Carriers should have a premium SMS list and contact number list on its website

Do you know what number SMS was from?

MichaelNZ

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#1639646 23-Sep-2016 22:22

Linux: Carriers should have a premium SMS list and contact number list on its website

Do you know what number SMS was from?

I was not aware of this and the CSR at 2degrees said nothing about it even though I asked him directly if they had offered any alternative free of charge paths to customers (btw: they don't)

The number is 4445

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