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

lawbunny

If you read my posts you'll note that I have specifically stated that this issue is not addressed in the T&Cs - you will never be able to cancel on T&C grounds.

I also never said they were aware and allowed this to happen. What I said was that they probably reasonably SHOULD have been aware, as many instances of this were reported. Additionally, they were aware of an instance of customers' details being passed on previously, when thousands of customers' details were passed to a company acting on behalf of 3 who falsely advised T-Mobile customers they were recieving an upgrade when they were really being sold a 3 contract.

To be honest, it's just happening too often with T-Mobile.

PJB

lawbunny wrote: »

Okay, first of all, they were aware this was happening.

And i haven't read your posts:T

Although reading your last post again i can see that you clearly say:

lawbunny wrote: »

What I said was that they probably reasonably SHOULD have been aware, as many instances of this were reported.

Clear as mud!

nsabournemouth

By law they are required to keep your information secure. It also states they will not pass details about you to anyone other than those they have a business relationship with. Even if the data is sent to a country with NO data protection laws they remain liuable for that data.

As the data bit is in the t&c's it could be argued that it forms part of them and as such they have been broken as TMobile remain liable for your data and that means T-mobile .

http://www.expansys.com/i/drv/tmobile_tac.pdf

Scroll to near the end and it may be worth a call to Trading Standards

Cerenia

lawbunny wrote: »

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.

Absolutly the same, i'm not looking forward to the next few weeks, something like this happens, and its the face to face staff that get the threats (speaking about the innocent ones)
Also explains why 3 have called me 5 times in as many days, trying to sell me a contract on a line I upgraded 4 months ago >.<

PJB

lawbunny wrote: »

Additionally, they were aware of an instance of customers' details being passed on previously, when thousands of customers' details were passed to a company acting on behalf of 3 who falsely advised T-Mobile customers they were recieving an upgrade when they were really being sold a 3 contract.

Again, clear as mud! Was it one customer or thousands?
Either way they were aware!
BINGO!:beer:

lawbunny

PJB wrote: »

Again, clear as mud! Was it one customer or thousands?
Either way they were aware!
BINGO!:beer:

One customer or thousands? Explain? I'm doing something else at the same time as this so if I've made a typo in a post I apologise.

Yep, they were aware it happened, we had to notify them every time we recieved a call about it so they could build a case against 3. I'm still not entirely sure how they got T-Mobile customer details but this simply shows that data protection is very inadequate at T-Mobile.

PJB

nsabournemouth wrote: »

By law they are required to keep your information secure. It also states they will not pass details about you to anyone other than those they have a business relationship with. Even if the data is sent to a country with NO data protection laws they remain liuable for that data.

As the data bit is in the t&c's it could be argued that it forms part of them and as such they have been broken as TMobile remain liable for your data and that means T-mobile .

http://www.expansys.com/i/drv/tmobile_tac.pdf

Scroll to near the end and it may be worth a call to Trading Standards

Had Tmobile sold the data then i would agree but the relevant paragraph is:

How we use personal information

It is not them that have used the data but a member of staffacting outside their duties etc and therefore they in my opinion will never be held Vicariously Liable by any Court in the land! But you never know!!!

I certainly would not advise anyone to or waste my own money trying but i wish good luck to anyone that does!

DJ_Mike

Reading T-Mobile's T&C, I'm basically inclined to agree that from a T&C point of view there's probably not much ground. The only thing that interested me is under section 9 (General):

"How we use personal information
In order that we can supply you with telephone services, T-Mobile may share some of the information we hold about you with other members of the Deutsche Telecom Group (our parent company) and other companies which we have a business relationship. If we have to send your details to countries without proper data protection laws, we remain responsible for keeping this information secure. We will only share them if permitted by law."

Seems a bit vague regarding sharing unlawfully though, especially since its they as a company and not their employees.

PJB

lawbunny wrote: »

One customer or thousands? Explain? I'm doing something else at the same time as this so if I've made a typo in a post I apologise.

Yep, they were aware it happened, we had to notify them every time we recieved a call about it so they could build a case against 3. I'm still not entirely sure how they got T-Mobile customer details but this simply shows that data protection is very inadequate at T-Mobile.

When was this, as this could be very important information as to their knowledge and possible implied consent?

PJB

lawbunny wrote: »

Additionally, they were aware of an instance of customers' details being passed on previously, when thousands of customers' details were passed to a company acting on behalf of 3 who falsely advised T-Mobile customers they were recieving an upgrade when they were really being sold a 3 contract.

Sorry, just reread above and noticed the apostrophe which i had not seen before.
My apologies