Unrequested SMS charges:mobisnakz:smscont act

[overandunder]

"you are a member of our mobisnakz mobile subscription service. Costs £1.50 amonth. To stop text STOP to 80160. SP:ContactSMS"

 

 

Hello

I have been recieving unrequested SMS text messages to my mobile phone for a few months now, each time stating that I am 'subscribed' to their service and it will deduct £1.50 from my PAYG credit. Just to clarify, I have never subscribed to any mobile service.

Initially I ignored the text, until I realised that it was, in fact, deducting the money from my credit.

I then searched forums etc.. and found that the only advice was to text 'STOP' and report it to the regulator; Payphoneplus.

I refused to spend any further credit to text STOP and did submit a detailed complaint to Phonepayplus.

The texts have continued and it has basically rendered that sim unusable, as soon as I credit it, it will deduct these charges.

I recently contacted mblox, who provide the infrastructure for SMS texting services, and they provided me with a contact number and email address for the company responsible: Smscontact.

I sent an email to Smscontact demanding they cease these illegal text messages and advised them to reimburse me immediately.

They have replied requesting a postal address to send the refund to, but I am very reluctant to disclose any further information to them, for obvious reasons.

Can anybody advise on the best course of action please?

 

Thanks in advance

Steve

[sillygirl1]

Complain to the phone operators, I had similar with O2 recently, suddenly had loads of data supposedly downloaded and 22 SMS messages costing about 1.60 each within 10 minutes.... they blocked the number sending me the messages as I had texted back STOP, then I got a message saying can you confirm you want to STOP... that then generated another, and so on and so on.

 

You need to go to the phone shop which deals with the network and get them to change your SIM, you can keep your number, by changing the SIM you break part of the link - you can get them to change your number.

 

The lot doing it to me were a very similar name, don't know how they got my no but I was able to prove I had had no data downloads over the previous 3 years of owning the phone...

[buzby]

Your STOP text is free of charge. It is only when recieving the texts are you billed.

 

You appear to be shooting yourself in the foot. If you want a refund, how else are they going to do so if they cannot remit to you because you refuse to give an address.

 

Text messages are not 'illegal; and where a dispute exists, you mst follow the rules as laid down. Deviate, and your complaints will fall on deaf ears.

[Lee Vodafone Company Rep]

Hi Steve,

 

While I'm not sure whether this involves one of our PAYG numbers I can provide some assurance from previous experience of handling similar cases that they will only require your address in order to get your cheque reimbursement out to you.

 

You can of course stipulate to them that you're only providing them with your address for the purposes of getting the cheque to you and nothing more.

 

Hope this helps and let us know when you've received your money back.

 

Lee

 

Web Relations Team

 

Vodafone UK

[jacktheband]

Need to reiterate what Buzby mentioned about the address. They seem to have realised their error and are wanting to financially reimburse you for this (which is the outcome i believe you wanted) but you are putting a barrier up to stop them doing this. Give them your address and be thankful that they are being professional enough to realise that they've made an error and are taking steps to fix it!

 

As for Sillygirl mentioning changing a sim card being the break in the chain, unfortunately not. The service is subscribed to the mobile number, changing sim cards but keeping the same number will mean the service/subscription goes on as normal. There's even been reports of networks recylcing an old number after 6 months (i.e. they take a previous customer's number, quarantine it for 6 months, then give it to a new customer) and then the new customer start receiving texts/charges for which the previous number's owner had signed up for 7 months previously!

[goodwill]

overandunder,

if these premium rate messages are unsolicited then your Network Operator is debiting your account without authorization.

 

Mblox is the Service Provider in this case and they have an agreement with their Content Provider Contactsms ltd (sender).

 

You do not have any legitimate commercial relationship with Mblox or Contactsms Ltd.

 

Mblox has the agreement with your Network Operator to bill its customers(you) for any premium rate messages sent through the Mblox gateway.

 

Your only commercial agreement is with your Network Operator and that agreement will state nowhere that you have agreed to pay for unsolicited premium rate messages.

 

When your Network debits your account they keep approximately 50% before passing the rest on to Mbox to share with Contactsms Ltd.

 

lots of people are being robbed and fobbed off by the phone networks

80160 - who calls me from 80160? 1/5

 

Write a letter to your MP and your Network and insist your Network refund the unauthorized charges.

 

ps

the main method [problematic] use to obtain mobile numbers is to buy lists from third party marketing companies.

Edited July 4, 2010 by goodwill

[buzby]

I wouldn't bother.

 

What 'goodwill' overlooks is that since 2002, networks have imposed conditions that not only remove any liability for the receipt of texts that are chargeable, but also have ensured that you (not they) are responsible for pursuing the return of your funds from third parties you may never have heard of!

 

You'll have to go to Phonepayplus in the first instance to complain and to start the ball rolling. Whilst you may feel writing to your MP or complaining to your network is getting close to denting their profitably, it will be as useful as a chocolate teapot.

 

Even Ofcom will tell you it has nothing to do with them, which was a masterstroke for the industry. Sure, it is nonsensical ghat the industry was allowed to evolve in this way, but so too were direct debits. No need for a signature, they ask and no proof Is required. Any amount, any time the want. It was this slackness that allowed these firms to reverse bill as it had 'worked so we'll and aided commercial activity.

 

Meanwhile, the consumer loses usual protections and has to beg for their money back.

Edited July 4, 2010 by buzby

[goodwill]

Sending unsolicited text messages whether marked 'chargeable' or free is spam.

 

@ Vodafone Company Rep

 

Lee,

which company in the value chain is responsible for the security of the customer' account?

[buzby]

Not the question was asked. Also, the OP has not even suggested he wa a VF customer.

 

Even then, what one firm does (out of at least 10 operators and 'virtual operators' I'm aware of) is hardly an 'industry standard'. If VF actually wish to warrant that they will reverse premium rated texts billed to contract and PAYG customer directly, I look forward to this confirmation.

[goodwill]

'Not the question was asked.'

 

no it's a question I am asking so it should be of little concern to you

Short-Codes.com

What is the Short Codes Management Group

 

In response to the increasing demand for cross-network shortcodes, O2, Orange, T-Mobile, Vodafone and 3 have formed the Shortcode Management Group (SCMG), which manages the availability of shortcodes and agrees on guidelines related to services operating on available shortcodes.

@ Vodafone Company Rep

 

Lee,

assuming all the Network Operators operating billing platforms in the UK are all subject to the same UK Consumer/Criminal Laws which company in the value chain is responsible for the security of the customer' account?

 

I'm referring to instances when an unscrupulous individual or company sends an unsolicited chargeable sms with the sole intention of causing an unauthorized debit?

 

thank you

[buzby]

Afrraid itr is.

 

How would you expect Lee (or indeed any other mobile rep) to respond to a matter that is sanctioned by the Comms Regulator and Premium Services 'watchdog'? If you;re trying to apportion blame, then start with that shower of 'champions' that promoted the use of reverse charging that ultimately removes financial control from consumers?

 

As for 'your' question. Why hijack someone's thread? Start your own if you feel strongly about it.

[goodwill]

@ Forum Moderators,

it really is no surprise so many people post once and leave after some of the daft unhelpful remarks they are met with.

 

still @ Forum Moderators,

As for 'your' question. Why hijack someone's thread? Start your own if you feel strongly about it.

actually this thread was 'hijacked' at post #3' and here's another example:

Did BT infringe Proceeds of Crime Act in 2004

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-internet/65048-did-bt-infringe-proceeds.html

Hi my family were victims of the infamous "rogue dialler" [problem] of 2004.

........

.......

I would be interested in hearing from anybody who were victims of the "rogue dialler" [problem].

thanks goodwill

first cracker from the barrel

The trouble is, as a participant in the [problem],.............

I've noticed this type of thing on numerous threads. I really do believe somebody ought to get a grip of it. Continually causing arguments and claiming they are based on 'Law' is not good.

[buzby]

At least nobody can complain you are not consistent.

 

Yet more OT irrelevances, but since you cannot see the obvious - I'll spell it out for you, and answer your hypothetical question/

 

Clearly, BT did NOT infringe PoCA as neither they, nor any other Telco has been prosecuted. If they were, then my response would have been different, I have never been a supporter of Premium calling services for the abuses that you and others complain of. Attempting to make a case (if that's what you tried to do)? failled.

 

Add to this the culpability of the 'victim' in letting their equipment be compromised by not ensuring their own security means they were negligent. But all that is history, there's no diallers to hijack any more so that [problem] went the way of the dodo.

 

As for your last line, if I had a clue what you were on about, I'd have a stab at answering, but I really don't - but like Halleys Comet, you'll be coming around without fail with another moan in the months to come. However I do agree, with you continually causing arguments, I'm surprised you stick around.

[overandunder]

Hi

Firstly thanks for replying.

The more constructive comments were very helpful.

Just to address the comments on 'shooting myself in the foot':

I didn't state that I would outrightly refuse to give these profiteers my postal address. I just came for some advice first, in the hope that other people had similar experiences and to see how they dealt with it.

To reiterate what I said previously, I have never subscribed to anything via my mobile phone so this was a completely random charge applied to me without any kind of consent or express permission, therefore I regard it to be theft and will treat it as such.

 

The strange thing is that this fraudulent 'service' doesn't even provide any kind of content, it is simply a text message informing you that you are being charged for recieving it.

 

I have now provided my postal address with clear stipulation that it only be used for this refund. I'll update if/when anything further transpires.

 

Steve

[buzby]

You might think it pedandinc - but it is a mechanism for chargibg, the message itself needs to have no value whatsoever. It was envisaged this would be for iformation that you would be willing to pay for, but was expanded so that anything could be sold, and the value paid for by billing the customer for X number of agreed premium messages.

 

You can now purchase physical goods and services, and pay for them by recieving texts. Its only natural that there will be foul ups, and of course - scams!

[Lee Vodafone Company Rep]

Sending unsolicited text messages whether marked 'chargeable' or free is spam.

 

@ Vodafone Company Rep

 

Lee,

which company in the value chain is responsible for the security of the customer' account?

 

Hi goodwill,

 

In the context of processing and retaining a customer's account information then this would the responsibility of both the registered account holder as well as the relevant company.

 

In regard to the context of this thread we do provide general information to customers which can be found here in our online Help Centre.

 

'Not the question was asked.'

 

no it's a question I am asking so it should be of little concern to you

 

@ Vodafone Company Rep

 

Lee,

assuming all the Network Operators operating billing platforms in the UK are all subject to the same UK Consumer/Criminal Laws which company in the value chain is responsible for the security of the customer' account?

 

I'm referring to instances when an unscrupulous individual or company sends an unsolicited chargeable sms with the sole intention of causing an unauthorized debit?

 

thank you

 

While we're not a regulator we would always look to provide as much assistance as possible to the customer and PhonePayPlus in order to achieve a satisfactory resolution for the customer.

 

I hope that this answers your queries but should there be anything else feel free to ask.

 

Hi

Firstly thanks for replying.

The more constructive comments were very helpful.

Just to address the comments on 'shooting myself in the foot':

I didn't state that I would outrightly refuse to give these profiteers my postal address. I just came for some advice first, in the hope that other people had similar experiences and to see how they dealt with it.

To reiterate what I said previously, I have never subscribed to anything via my mobile phone so this was a completely random charge applied to me without any kind of consent or express permission, therefore I regard it to be theft and will treat it as such.

 

The strange thing is that this fraudulent 'service' doesn't even provide any kind of content, it is simply a text message informing you that you are being charged for recieving it.

 

I have now provided my postal address with clear stipulation that it only be used for this refund. I'll update if/when anything further transpires.

 

Steve

 

Hi Steve,

 

I'm pleased to see that you've decided to provide your address in order to get your refund and I look forward to seeing your next update confirming that you've got your cheque.

 

All the best.

 

Lee

 

Web Relations Team

 

Vodafone UK