T-Mobile selling customer details: Enough grounds to end your contract?

DJ_Mike

So the news just broke on the BBC's website that T-Mobile are the ones who are guilty of misconduct through their employees selling customers' details to third parties.

Now I have to wonder... is this sufficient grounds to leave them while under contract? 'cause I'd love any excuse to ditch their service given their awful coverage in my new home!

OneADay

Would have thought so - I am on a cashback deal 12 monther to May 2009 not happy wont be able to leave without losing cashback.

carchie86

That was exactly what I thought DJ Mike when I read the news, as I have exactly the same problem as you in having dreadful network coverage in my home so I would love any excuse to get out of my contract. Within the last week I have had two calls from a company not affiliated with T-Mobile who knew all my details who were going to offer me upgrades etc.

My first thoughts were that they would argue that it was done against their knowledge. But my sister is a law student and she has assures me that the company is ultimately responsible for their employees regardless of whether they have acted with or without company's permission.

nexuss

T-mobile staff were allegedly selling on customer details to a broker for vast amounts and they in turn were selling to a rival mobile phone company.The maximum sentence for the people involved would be a small fine in a magistrates court under current UK law.

RevTheory

carchie86 wrote: »

My first thoughts were that they would argue that it was done against their knowledge. But my sister is a law student and she has assures me that the company is ultimately responsible for their employees regardless of whether they have acted with or without company's permission.

yep im on the phone to them now... they didnt know it was happening so you cant cancel....

but yes they are responsible, because of vicarious liability, an employer is liabile of the actions of there employees

Guys_Dad

The interesting point here is "Data Protection". Now, I sympathise with any company that is "robbed" of its database by unscrupulous employees - and there is no way that they would want details of their customer base and when renewals were due to fall into competitors' hands.

But by law, they have to protect their data. It needs someone on the inside to be able to download a print/file of the customer database details and that is where they fall foul of the Data Protection Act. The means to get a bulk print/output file should NOT be available to anyone, although technical I T guys can always get into any files if necessary The Information Commissioner should be asked to follow this up.

I suspect that you would have to show some tort/wrong against you to get a release from your contract. And that might be hard to prove, but wait for a test case.

DJ_Mike

"Didn't know it was happening", yeah right - just because they didn't authorise it doesn't mean they haven't broken their T&C with me. A company is ultimately responsible for its employees actions, whether it benefits or harms a company. If they want to sue their employees that's their own business. In the mean time they've now violated their contract with me.

I'm sure their call centre staff have just been told to use this line while they take care of "damage control", but I'd be surprised if they can refuse to cancel contracts forever once the lawyers get involved.

RevTheory

No, i just played the lawyer card... because they reported it to ICO, and they didnt hide it... and they didnt break there T&C's they will not cancel any contracts

PJB

RevTheory wrote: »

yep im on the phone to them now... they didnt know it was happening so you cant cancel....

but yes they are responsible, because of vicarious liability, an employer is liabile of the actions of there employees

I believe vicarious (employers or Tmobiles in this case) liabilty ends when the employee enters into a 'frolic of their own' (Joel v Morison (1834)), ie: way outside their role/duties etc.

Sorry to be the bearer of bad news guys! There may be some course open if they had not sufficiently protected the details etc.

Carchie86 i would tell your Sister she may wish to brush up on her employment law, especially before giving advice.

lawbunny

Okay, first of all, they were aware this was happening. Well, they were aware that customers' details were being leaked, or should have been aware of this. I worked for them, and we were always reporting customers phoning in who had been contracted by other networks who already knew their T-Mobile contract details. They simply said it was places like CPW passing on details, but obviously it wasn't, as not everyone it happened to had even gone through a third party.

I've been wanting out of my crappy contract with them for months, due to horrific signal (which was fine when I was on staff plan and getting it for next to nothing, but not any more). I'll let you know how I get on.

Guys_Dad

DJ_Mike wrote: »

"Didn't know it was happening", yeah right - just because they didn't authorise it doesn't mean they haven't broken their T&C with me. .

You will be asked "What exact t&c did they break with you?" Perhaps you can help MSE readers by pointing to the relevant paragraph in your t&c and quoting it here.

The point is that employees acted illegally, I suspect, to the obvious detriment of T-Mobile. That's clear. Now, by not protecting your data, T-Mobile MAY, if the ICO agrees after an investigation, have failed in a duty of care towards your data. But you need to show a wrong or a breach of t&c to get a cancellation.

Just what inconvenience can you show with any resulting harm? Or can you point to the breach of t&c?

By all means, try to get out of your contract and good luck, but this looks very, very dodgy ground you are on.