Vodacom charges

[King_Crispy]

Hi Hubbers

 

My wife just checked on her cell phone bill and has seen "data charges" at over R300 a month.

She has a contract with Vodacom for voice, NOT data. Smartcall are a company selling data services onto Cell-C, MTN and Vodacom for sex sites, wallpapers and ringtones. I gave never setup her blackberry for Internet usage, nor has she. She gets at least 2 sms's a week from vodacom informing her that the Internet settings aren't setup on her phone, and to click accept on the message to push the settings to her phone. To date this has not been done.

 

After calling Vodacom to ask about these charges, the accounts person said my wife needs to take it up with Smartcall. After calling Smartcall they told my wife she had been to a site containing adult content. ( I know there are going to be a few wise chirps about this) Smartcall have NO logs of what site was visited. The second time my wife called she was told she had downloaded wallpapers for her phone.

What are the implications wrt the CPA? Vodacom are refusing to refund the money, saying we need to get it back from Smartcall. Smartcall are saying they have never invoiced my wife, but they are allows to because she agreed to a data contract with them. Smartcall cannot provide copies of a signed contract, nor any sms's sent to her phone informing her of extra charges

How can Vodacom bill someone for something that was never used?

After doing a bit of digging I have found out that Smartcall have lost 4 cases for this exact type of illegal billing, and been made to pay the Wireless Application Service Providers Association fines of R80k each.

 

Anybody else gone through their cell phone bill carefully and checked that you're not also been erroneously billed for services NOT rendered?

[Minion]

Have a browse through the Consumer Watch blog on the IOL site. There're quite a few similar stories to yours:

http://www.iol.co.za/blogs/wendy-knowler-s-consumer-watch-1.1608

[Guest agteros]

I'll go in hot and heavy... oops wrong pun... But I'll lay fraud chargesagainst Smartcall as well as Vodacom. It should get their attention

They'll then have to provide the contract, or alternatively the logs / electronic signatures

[eggsovereasywithteandtoast]

You got kids?

[brad890]

You got kids?

 

would not have thought about that, but now that you do mention it lol, that is a very valid point

[chris_w_65]

http://www.iol.co.za/blogs/wendy-knowler-s-consumer-watch-1.1608/wasps-still-sneaking-content-costs-to-consumers-1.1105221

[King_Crispy]

You got kids?

8 & 10. On the Vodacom bill it shows the time as being 1:03am. No-one in our household is awake at that time. Besides, the phone hasn't been setup for Internet access

[cat-i]

Doubt it was kids, eggs.

 

From the itemised billing reports that i generate every month -

 

(a few million worth of calls from simcards that physically cannot dial these numbers - e.g. tracking devices inside cars)

 

- it looks like Smartcall Online (and some others) submits bills for randomly selected numbers. The way I understand it, they submit the bill electronically to the provider (cellc or vodacom) and then the provider bill the client and get a cut of the income.

 

We never have a problem with getting refunds from the providers, but that's probably because we can prove that the simcard is physically unable to make those calls. We get refunds the moment we complain, so it doesn't make financial sense for us to waste time and money investigating and pursuing this in a court.

Edited August 22, 2011 by cat-i

[TNT1]

Contact WASPA now.

[Guest agteros]

Doubt it was kids, eggs.

 

From the itemised billing reports that i generate every month -

 

(a few million worth of calls from simcards that physically cannot dial these numbers - e.g. tracking devices inside cars)

 

- it looks like Smartcall Online (and some others) submits bills for randomly selected numbers. The way I understand it, they submit the bill electronically to the provider (cellc or vodacom) and then the provider bill the client and get a cut of the income.

 

We never have a problem with getting refunds from the providers, but that's probably because we can prove that the simcard is physically unable to make those calls. We get refunds the moment we complain, so it doesn't make financial sense for us to waste time and money investigating and pursuing this in a court.

 

Put the gubbermint on them.. it sounds like economic sabotage due to monumental waste of time

[Stretch]

Hi Hubbers

 

My wife just checked on her cell phone bill and has seen "data charges" at over R300 a month.

data charges? are you sure it is not subscription charges. I not sure how it come out on the bill but it will be a result of that very fine small print that basically says "by downloading this wallpaper, you enter in a contract with smartcall for R30/month" or whatever figure it is.

 

as far as I am aware that is now not allowed so yes i would take it up with waspa

 

smartcall and all its ilk = great way to make money, but you wont find my business doing - i will find a more reputable way to make money

[Jaco-fiets]

My boss told me exactly the same story this morning. Happened to his wife as well for also R300. Vodacom wants nothing to do with it since its a 3rd party bill. Reckon it happens to allot of subscribers. Funny, acc to the bill the calls was made at excactly the same time as yours as well.........

[TNT1]

http://www.waspa.org.za/code/complaint.shtml

 

They really do help. Trust me.

[King_Crispy]

Smartcall have lost 4 cases already, and been given a fine of R80grand each time. They pay an admission of guilt for R10k and then don't pay the rest. A British ISP have just received a £3million fine (almost R32million) for the same thing. TalkTalk were warned about this illegal practice, but were making too much money to be worried about it. Wonder how long Smartcall will carry on with their illegal billing???