HUGE SMS bill from mara pets game

hegedusa_2

Our 11 year old daughter was quite addicted to a web-based game called mara pets (where you have to look after pets or something). The game is free of charge, but you can buy account upgrades. She also has access to a mobile phone, which is in my name.

The account upgrades on Mara Pets can be paid for by paypal, credit card or, unfortunately, premium SMS. My daughter found this out, and set up an account for herself using the phone. Even more unfortunately, this is a very addictive game, and she ended up spending nearly £600 in three months, most of it in May. The bills were paid by direct debit. The payment works by the user clicking on "add money" in Marapets, which in turn takes them to another site to authorise payment. Premium rate text(s) to the value of the money added, get sent to the mobile phone previously registered.

I'm wondering if there's any legal recourse to try and get my money back. After all, a minor with no permission started the account, and it was used without my knowledge or permission. I know she shouldn't have done it, but surely these sites have a duty to check the true account holder. The point was that I was unware that any of this had happened until it was too late.

It's more complicated because there are no less than FOUR companies involved:

1. Orange, who provide the phone service
2. A company who process sending premium texts (can't remember name)
3. A company called onebip, who process accounts and payments for websites such as marapets which use pay-by-text as a payment method (based in Italy)
4. The marapets site itself (based in Canada)

We've already written to onebip who confirmed the usage of the phone, but say they are unable to refund anything because the payments were sent to marapets and the account holder (me) used the services.

We are just about to write to Marapets but if anyone has any advice on the best way to tackle this it would help! And yes, my daughter now has no mobile phone at all!

OneADay

Just my opinion, if the phone is in your name - its a done deal - you are responsible for making sure the phone is not used as it has been by some other person. You could write to Ofcom and complain - it might help to stir Ofcom into perventing or making strict rules for such sites / so called services.

dmg24

I agree with OneADay, you gave her access to the phone and therefore it is your responsibility.

Strictly speaking, if this access was unauthorised, your only recourse would be to report your daughter to the police.

robt_2

I would agree with that. It is your responsibility to ensure your phone is secured - the same as you are responsible for its use should it be stolen up to the point of reporting it stolen.

MrsTinks

I'd agree too - whilst I hate these games that target young kids and make paying far too easy then it is ultimately your responsibility to not only monitor the phone usage but also her internet activity.
I am guessing that legally you have little or no come back to the companies concerned. I bet that the site would have stated "make sure you get the bill payers permission" or some such statement...

Jon_01

I have to agree with the comments above. You are responsible for your phone, if you give it to someone else and they abuse it you can't then come back to the network or the company that run the game a say you didn't want it used for that... You shouldn't have given her the phone or given her a payg with a limit on her credit.

HugoSP

The problem is that children do not understand the concept of huge charges, and although these companies front an intention to make sure the bill payer knows what is going on, they play on the fact that sadly, many do not.

I think you are onto a loser here, and that is coming from someone who is regarded by others to be able to get blood out of a stone (not my opinion of myself, but what others say about me).

Suggest you put this down to experience and tell your daughter that there are no more pets on your phone, they've all died of a deadly combination of foot and mouth and swine flu:rotfl:.

However, if she wants to care for virtual pets, I can recommend www.neopets.com!

There are no charges that I am aware of. My children have asked for money to sign up for other similar sites on the net but I just refuse.

No virtual pets were harmed in the writing of this post

justpaper

dmg24 wrote: »

Strictly speaking, if this access was unauthorised, your only recourse would be to report your daughter to the police.

then what would happen ? the company would have to refund the payments?

the kid would get a caution ?

Wolfsbayne

Marapets is a great site to be fair, im an adult and am an avid player, as are many others on the site. There is plenty of information on there for adults regarding child players and terms and conditions.

I tend to agree with the others, your phone your responsibility. It could also be said that you have a responsiblity to know what your daughter is up to on the internet. This is why most children have PAYG

Snakeeyes21

I dont see how you didnt notice for 3 months. do you not recieve bills? Did you not notice a £200 (on average) direct debit coming out of your bank every month? Id have checked the usage atleast weekly, if not every other day.
theres no way for you to reclaim these charges.
if i were you id confiscate all your childs belongings and get rid of them to pay for the bills.
what parent gives their child a contract phone anyway? Its just asking for trouble

HugoSP

Snakeeyes21 wrote: »

what parent gives their child a contract phone anyway? Its just asking for trouble

Someone HAD to say that didn't they:D

My youngest has a contract phone, which is in my name.

It's on Orange and has unlimited texts and 100 mins. Premium rates would still be charged but she has been well briefed as to what she should and shouldn't do. It is confiscatable by me at a moment's notice. Bills get scruitinised every month and any transactions not recognised get queried.

Children have to be given some responsibility, and although there is the possibility of mistakes etc. we can't demand that they lead a completely risk free childhood. It just makes them ripe for the picking as adults - I know I've seen it with friends who were wrapped up in cotten wool - they get taken for mugs the moment they leave the fold.