HTC Desire Vodafone 500mb Fair Usage Policy

N20Y1D

http://www.asa.org.uk/Complaints-and-ASA-action/Adjudications/2009/12/Vodafone-Ltd/TF_ADJ_47835.aspx

ASA Adjudication on Vodafone Ltd 23rd December 2009


The ASA noted the claim "Unlimited*", as it related to both the data and text offers, was linked to a footnote that stated the existence of the fair usage policy for both services and, specifically, stated that a monthly allowance of 500 MB applied to the unlimited data offer. We noted previous ASA adjudications on the use of unlimited claims when a fair usage policy applied established that the use of the claim was acceptable provided that the existence of the policy was stated clearly in the ad and the the policy could be considered reasonable in that it could be shown to affect only atypical users.

We noted Vodafone said they applied fair usage policies to ensure that a small minority of users did not adversely affect their services and, in particular, that their data service had sufficient bandwidth available for all users. We noted Vodafones user data showed only a very small minority of users on the unlimited data and text services were affected by the respective fair usage policies. We understood that the available bandwidth for mobile services was less abundant than that available for fixed line telephony, which resulted in a greater need for service providers to safeguard their networks from excessive use.
We noted Vodafones terms and conditions for the unlimited data service reserved the right to charge users who breached the fair usage policy and the terms and conditions for the unlimited text service made clear that those users exceeding the specified 3,000 texts a month would be automatically charged at their network rates. We noted previous ASA adjudications did not specifically comment on the type of measures that were utilised by providers to regulate the usage of atypical users but understood that they did note providers used policies, such as monitoring of the accounts of users who breached the fair usage policy, to ascertain whether the account was being used excessively.
Although we noted the difference between the sanctions observed in previous adjudications and Vodafones policy of reserving the right to charge and, in the case of the unlimited text service charging automatically, we considered that Vodafone had demonstrated through the usage data that it affected only atypical users. Because Vodafone had stated the existence of their fair usage policies in the ad and had shown that they could be considered to be reasonable, we therefore concluded that the ad was unlikely to mislead.

Looks like them removing the FUP is going to leave them in the brown stuff, especially now they have since offered 1gb per month fair usage on the Nexus 1 :rotfl:

MattJ_2

Hello Everyone,

We have seen quite a bit of speculation on the out of bundle charges for Vodafone UK mobile internet users on forums and in the media. We wanted to clarify things. Here are the facts as they stand today:

In June we'll be introducing a free text service to tell our contract customers when they're approaching the upper limit of their data bundle. As the vast majority of our mobile internet subscribers (more than 97 percent) never reach the limit they will not be receiving the text alerts at all.

The minority of our customers (less then 3 percent) who do come close will receive a text telling them they are approaching their data allowance and advising them to monitor their usage going forward. At this point customers will not be charged anything more.

If after receiving several such alerts, over a period of few months, customers continue to use excessive amounts of data they will be contacted by Vodafone and advised to upgrade to another data plan to avoid incurring unnecessary additional charges.

Customers will be able to make an informed decision on whether to continue, limit their use or change to a different price plan, giving them total control of their spend.


However, if customers continue to use excessive amounts of data over a longer period of time, the costs are as follows:

Current charge Out of bundle charge

No handheld data bundle 50p a day for 25MB 50p for an additional 10MB

Handheld data bundle £5 a month, or £7.50 with a flexi-bundle £5 for an additional 500MB

Note: 500MB means you can read and reply to thousands of emails, download 24 Google maps and read 8,000 BBC News stories. Today, a tiny fraction of our customers use their full allowance.

Thanks,

Tom

eForum Team

Tony5101

so - is this another turnaround, or just muddying the waters even further...?

Strange how it's turned around to "huge speculation" now, whereas before, it appeared to be crystal clear that the charges were being implemented, and would be charged the minute you went over your (now) allowance

MattJ_2

Here's the official statement detailing the changes:

Vodafone UK to give customers total control of their mobile data spend

7 May 2010

In June we'll be introducing a free text service to tell our contract customers when they're approaching the upper limit of their data bundle. We'll send them a text before they reach the limit and tell them how much it will cost them to use more data. Customers can then make a decision on whether to continue, or limit their use, giving them total control of their spend.

--

What to believe?

jb66

MattJ wrote: »

Hello Everyone,

We have seen quite a bit of speculation on the out of bundle charges for Vodafone UK mobile internet users on forums and in the media. We wanted to clarify things. Here are the facts as they stand today:

In June we'll be introducing a free text service to tell our contract customers when they're approaching the upper limit of their data bundle. As the vast majority of our mobile internet subscribers (more than 97 percent) never reach the limit they will not be receiving the text alerts at all.

The minority of our customers (less then 3 percent) who do come close will receive a text telling them they are approaching their data allowance and advising them to monitor their usage going forward. At this point customers will not be charged anything more.

If after receiving several such alerts, over a period of few months, customers continue to use excessive amounts of data they will be contacted by Vodafone and advised to upgrade to another data plan to avoid incurring unnecessary additional charges.

Customers will be able to make an informed decision on whether to continue, limit their use or change to a different price plan, giving them total control of their spend.


However, if customers continue to use excessive amounts of data over a longer period of time, the costs are as follows:

Current charge Out of bundle charge

No handheld data bundle 50p a day for 25MB 50p for an additional 10MB

Handheld data bundle £5 a month, or £7.50 with a flexi-bundle £5 for an additional 500MB

Note: 500MB means you can read and reply to thousands of emails, download 24 Google maps and read 8,000 BBC News stories. Today, a tiny fraction of our customers use their full allowance.

Thanks,

Tom

eForum Team

How many youtube videos? How long can i listen to internet radio? How many programs on tvcatchup can i watch?

If its only 3% then why not make these new T+Cs to new contracts only, surely this bad publicity is doing vodafone no good

MattJ_2

Another quote from Tom, after customers challenge the motive behind the new statement on the eForum:

Hello Everyone,

I've literally just put the new statement on. It is different to the previous ones, so if you take a look you'll see I've corrected the links in some of them to show that the information is updated. I could completely remove the old ones, but don't want it to look like we're trying to cover something up. It's up to you guys? I promise the information I've just posted is correct though.

Tom

eForum Team

MattJ_2

Still doesn't change the fact that I signed up to "UNLIMITED" Internet, not a 500MB limit that will now either be charged for going over, or will be monitored more closely (depending on which statement you go with!)

MattJ_2

No doubt Bitter Wallet will unpick this new statement soon and post up something new..

N20Y1D

MattJ wrote: »

No doubt Bitter Wallet will unpick this new statement soon and post up something new..

They are still changing the T&Cs to the customers disadvantage.

And the statement is very vague:

If after receiving several such alerts, over a period of few months,

However, if customers continue to use excessive amounts of data over a longer period of time, the costs are as follows:

From consumer direct:According to the UTCCRs, a standard term must be expressed in plain and intelligible language. A term is open to challenge if it could put you at a disadvantage because you are not clear about its meaning - even if its meaning could be worked out by a lawyer. If there is doubt as to what a term means, the meaning most favourable to the consumer will apply.

TheLibertine

Lets at least celebrate a minor victory here...moving in the right direction:)