SMS scam!

[rockwell304]

Morning everyone,

Not sure if this is the correct forum, but I've just been scammed. I received a large number of unsolicited texts on a rarely used mobile from 60699 (Zamano PLC) based in Dublin. I noticed about £35 extra on a usually very small monthly bill. Orange, my service provider were completely useless and downright uncoperative.

I have complained to Zamano but received the usual bland response. Any ideas on which regulator I should contact, or indeed anything else would be most welcome.

[citizenB]

Sorry, not quite sure what you are saying.. that you have received sms text messages for which you have been charged ?

[MARTIN3030]

http://www.search.comreg.ie/search?entqr=0&ud=1&sort=date%3AD%3AL%3Ad1&output=xml_no_dtd&oe=UTF-8&ie=UTF-8&client=comreg_frontend_new&proxystylesheet=comreg_frontend_new&site=default_collection&q=ZAMANO&searchbutton.x=34&searchbutton.y=28&STID=1

[MARTIN3030]

The Irish Premium Call regulator have already investigated these.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?189388-Zamano-%28[problem]ano%29-Premium-Rate-Services-problem!

[rockwell304]

The Irish Premium Call regulator have already investigated these.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?189388-Zamano-%28[problem]ano%29-Premium-Rate-Services-problem!

 

 

Thanks Martin, yes, received a number of random unsolicited texts charged at £2 each. Apparently I am unable to use the s### word on here!

I have just registered a complaint with comreg in Ireland, will let you know what happens.

[Bang!]

I had a problem with a UK based one a few years ago.

 

T-mobile who I was with initially said must have 'subscibed to a ringtone service or something', and declined a refund.

 

I eventually discovered their unsolicited charging left them open to be sued via ?spamming law?.

 

Suddenly they refunded.

 

I will look up the details later as its a pain from my mobile.

[MARTIN3030]

Thanks Martin, yes, received a number of random unsolicited texts charged at £2 each. Apparently I am unable to use the s### word on here!

I have just registered a complaint with comreg in Ireland, will let you know what happens.

 

Good.

 

Yes the s word had to be added to the naughty word filter some time ago,after so many were using it loosely and we were geting libel threats from some of those who probably did deserve the title but these days you have to be very careful.

[Bang!]

Here was the letter I sent - but it was to the owner of a UK number so yours may not offer this approach. Reading through the details it now appears I have been refunded twice, but given it was about five years ago its probably best just keeping quiet.

 

Here is the email to the text spammer....

 

On 26th of February 2007 I received and unsolicited message to my

mobile no. 0044 95655XXXX.

 

T-Mobile has identified your company as the destination for the moneys

to be taken from my account.

 

This message was unsolicited commercial spam and, since we never dealt

previously, was unlawfully sent. It also failed to list a cancel option

costing only carrier charges, in addition to charging for services that

were both unsolicited, and never received.

 

It was contrary to section 22 of The Privacy and Electronic

Communications (EC Directive) Regulations, (SI2426/2003) ["PECR"],

available at: http://www.opsi.gov.uk/si/si2003/20032426.htm. In

addition, this action breaches your obligations under the Data

Protection Act 1998, as there was no consent to process the personal

data comprised by the personal mobile number. As the affected data

subject I require you to:

 

1. Confirm whether you are registered as a data controller under

the Data Protection Act 1998, and if so, explain how this activity

complies with your registration.

2. Cease any processing of my data for all purposes, including

direct marketing.

3. Erase any personal data you hold about me.

4. Detail any reasons you believe that you have not breached

section 22 of PECR.

 

Additionally I would like to know

 

1. Why my number received an unsolicited text.

2. Why that text had no option to cancel, costing only carrier

charges.

3. Why you attempted to obtain money from me for services both

unsolicited and never received.

 

I put you on notice that I may seek compensation for the unlawful

processing under s.13 of the Data Protection Act 1998, and s.30 of PECR,

and will seek to recover damages in excess of those normally awarded

given had the charge gone unnoticed would have resulted in my paying for

unsolicited services that were never received (via Tmobile).

 

If you do not respond within 21 days of the date of this letter, I

reserve the right to start legal proceedings.

 

 

Yours faithfully,

 

XXXXXX

 

 

Kinda looks like I sent them kisses doing it that way! :D:D

[goodwill]

Morning everyone,

Not sure if this is the correct forum, but I've just been [problem]med. I received a large number of unsolicited texts on a rarely used mobile from 60699 (Zamano PLC) based in Dublin. I noticed about £35 extra on a usually very small monthly bill. orange, my service provider were completely useless and downright uncoperative.

I have complained to Zamano but received the usual bland response. Any ideas on which regulator I should contact, or indeed anything else would be most welcome.

You should complain to PhonepayPlus

 

http://www.phonepayplus.org.uk/For-the-Public/Make-a-complaint.aspx

 

they have already adjudicated on this

15 March 2012

Information provider Zamano Solutions Limited, trading as Everneo

Service provider Zamano Solutions Limited, trading as Everneo

Information provider location Dublin

Service provider location Dublin

Service type Subscription Service

[....]

(i) Summary

 

During the period from 1 September 2011 to 16 February 2012, PhonepayPlus received 277 complaints relating to a subscription service called ‘Zingtones’, which was also referred to as ‘Play n’ Win’. The service operated for several years. Following notification by the Executive of its concerns relating to the service, the Level 2 provider voluntarily suspended the promotion of the service and billing mechanic on 1 February 2012.

 

The Level 2 provider’s marketing campaign for the service involved the use of various affiliate marketers, who provided lead-in web pages encouraging consumers to visit the service and enter a competition.

[...]

SANCTIONS

 

Sanctions Imposed

 

Having regard to all the circumstances of the case, including the revenue of the service, the Tribunal decided to impose the following sanctions:

 

A Formal Reprimand;

A Direction to Remedy the Breach;

A Fine of £35,000; and

A Direction to make refunds to all complainants who claim a refund, for the full amount spent by them for the service, save where there is good cause to believe that such claims are not valid, and to provide evidence to PhonepayPlus that any such refunds have been made.

it might be worth logging a complaint with PhonepayPlus first then telling Zamano that it was PhonepayPlus that had instructed you to request a refund from them.

 

http://whocallsme.com/Phone-Number.aspx/60699

[jacktheband]

Go onto http://www.phonepayplus.org.uk and put the shortcode in the search box on the left hand side. This will tell you details of the company who have texted/charged you and how you can contact them.

 

If you have already done this as you feel the texts/charges were unsolicited yet you are not satisfied with their response then you can log a formal complaint through phonepayplus in ref to this.

 

Hope this helps!

[jacktheband]

Go onto http://www.phonepayplus.org.uk and put the shortcode in the search box on the left hand side. This will tell you details of the company who have texted/charged you and how you can contact them.

 

If you have already done this as you feel the texts/charges were unsolicited yet you are not satisfied with their response then you can log a formal complaint through phonepayplus in ref to this.

 

Hope this helps!

 

Whoops! Just noticed that Goodwill has already said this. Sorry for repeating!

[rockwell304]

Thanks to everyone for the advice.

 

I have logged complaints with Comreg (Regulator in Ireland) and Phonepayplus here in UK. No response from Phonepay as yet but a very quick response from Comreg advising that premium numbers in Ireland usually start with 5, the number used in my case is 60699 so it may well be from their UK operation.

 

Thanks Bang, your letter may well be used!

 

Email just arrived from Zamano offering refund (not sure I believe them)....Orange have been worse than useless! Seems like a good business model - there must be thousands of people receiving these texts who simply don't bother as they have company phones etc.