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Be very careful about what you're replying 'yes' to

For years I've been fielding complaints from readers about mysterious "data content" charges on their cellphone bills. They swear they know nothing about the so-called content - games, wallpapers, ringtones and the like - and that they never agreed to any such subscription.

Most don't even know how or where to access the content.

Interestingly, their anger is directed mostly at their networks for "allowing" the data providers to load their bills in this way. The general feeling is: "I don't suppose they are interested in protecting their clients' interests; it's just extra fees for them." And understandably so.

To my mind, the fact that the industry has coined the term "auto subscription" is proof enough that many cellphone subscribers end up with data content subscriptions they did not authorise.

At worst, the subscriber never agreed to subscribe to a data content service in any way but has their cellphone account or pre-paid minutes plundered anyway; at best, they were tricked into a subscription, thinking they were merely entering their cellphone number online to get the answer to an IQ quiz, for example, or to buy a single ringtone or game.

I've had many e-mails from readers who have been billed by a data content company called W2 Mobile.

Doug Grewar of Vryheid has a story typical of those who delete such SMSes as annoying spam and then get a nasty surprise when their bill arrives.

"I have been pestered by a number of SMSes that say w2mobile. I just delete them as spam. Next thing a message arrived saying that I was subscribed to something called "w2mobile Total Embarrassing Club" and R20 a week would be added to my cellphone bill. Then I had to waste my time and money to unsubscribe!"

He posted a complaint on the Hellopeter consumer website which attracted a response post from Pauly Persson, W2 Mobile's customer liaison manager, urging him to "call our dedicated helpline number 086 1000 980 086 1000 980 where you can leave a message and a member of our customer support team will return your call within 24 hours, or by e-mailing the team at info.za@w2mobile.com".

W2 Mobile's products are sold via aggregator Mobile365/ Sybase, which has agreements with the networks. W2 operated on a "full refund policy", Persson said, and vowed that all consumer queries and complaints were resolved.

She also provided her personal e-mail address in the UK. So I sent her an e-mail the week before Christmas, asking the following:

"What is this Total Embarrassing content, exactly? When was it introduced? What are the costs to subscribers? How do people subscribe? Please explain in detail, given that this is in dispute.

"I am aware that Waspa - the Wireless Application Service Providers Association - has recently tightened up on its code in this respect of late. Do your processes comply? How many complaints have you received from people claiming to have no knowledge of subscribing to the service?"

Her response was probably the worst PR swerve I've ever encountered. She repeated what she'd posted on Hellopeter, and then added, in respect of the two cases I'd queried: "As our contact details are so widely and transparently advertised, both customers you mention have already been in contact with our customer care team independently and have had their queries resolved. They have also been fully refunded as a gesture of goodwill, as per our world-wide guaranteed refund company policy."

I have since pointed out that she failed to answer any of my questions, and pressed her for answers, but have had no reply.

Why refund people if they were legally subscribed? Waspa has done a sterling job of tightening up its code of conduct - forcing the industry to be more transparent in its advertising so people realise that they are subscribing to a service; making it compulsory to send regular SMSes to remind subscribers that they are in fact subscribed; what they're paying, and the like.

But I'm hoping that another vital consumer protection comes into effect soon.The "double opt-in" will radically cut down on "accidental" subscriptions. If Waspa adds this provision to its code, consumers will no longer be subscribed to a data content service with one click. A second screen saying something like: "You are requesting to be subscribed to XYZ Club at R8 a day..."

And only with that second click will the subscription be activated.

Justin Hume of Altech Autopage says the company supports the move, but I've been unable to reach Waspa for comment.

To be continued...

By Wendy Knowler
The Star 18/01/10e1

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