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Bounce.mobi/PM-Connect Scam
I was recently subscribed to a wrestling content club without my knowledge. £2.50 was added to my phone bill after interacting with an advert that took over my phone screen. The advert had no available options to dismiss, and appeared taking over my whole screen more like ransomware.
I could not dismiss the advert, so reluctantly pressed the continue button (not accept) assuming that I would have some sort of option to dismiss the pop up on another screen. There was not, and as a consequence I received a text message.
Here is where my lack of understanding of the workings premium rate text messages was greatly to my disadvantage. I was under the misconception that my network provider would only bill me for making premium rate calls, or sending texts to non-standard numbers. This text message I had just received told that if I wanted to unsubscribe that I should text the word “STOP” to 60762. I thought that this was a ploy, and if I text this number this would result in being billed.
Some spam emails by pressing unsubscribe send more as you have confirmed to the spammers an active email account, I thought this was a similar situation, and I was not about to reply to a premium rate text message to get billed. I deleted the spam message and soon fort what happened. Unfortunately this innocuous continue button subscribed me to a content club at a cost of £2.50 per week, I should check my phone bills more carefully as I did not realise this for several weeks until I had racked up £50 worth of charges, I did not realise a third party could add a subscription to a mobile phone bill in this way.
I could not dismiss the advert, so reluctantly pressed the continue button (not accept) assuming that I would have some sort of option to dismiss the pop up on another screen. There was not, and as a consequence I received a text message.
Here is where my lack of understanding of the workings premium rate text messages was greatly to my disadvantage. I was under the misconception that my network provider would only bill me for making premium rate calls, or sending texts to non-standard numbers. This text message I had just received told that if I wanted to unsubscribe that I should text the word “STOP” to 60762. I thought that this was a ploy, and if I text this number this would result in being billed.
Some spam emails by pressing unsubscribe send more as you have confirmed to the spammers an active email account, I thought this was a similar situation, and I was not about to reply to a premium rate text message to get billed. I deleted the spam message and soon fort what happened. Unfortunately this innocuous continue button subscribed me to a content club at a cost of £2.50 per week, I should check my phone bills more carefully as I did not realise this for several weeks until I had racked up £50 worth of charges, I did not realise a third party could add a subscription to a mobile phone bill in this way.
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Comments
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Hear is the thing, it's been going on a while this scam. It's taking money from my o2 account without my consent and it's being allowed to happen by network operators, who point you in the direction of their terms and conditions and walk away.
But I will be taking O2 to court.... I'll explain why and how, but I think the network operators are going to be hit big time.1 -
These are the terms and conditions that O2 and I have mutually agreed to in our agreement.
2.8 You're solely responsible for assessing the accuracy and completeness of Content and the value, age-appropriateness and integrity of goods and services offered by third parties over our Service including if you pay for that Content, or those goods or services using our Service(s). Unless otherwise specified, we will not be responsible for, any transaction for third party goods and services, unless we're negligent.
*note goods and services, does not even mention digital content (drafted before 2015 Act and not amended)0 -
The Consumer Rights Act 2015 s.45(4) for digital content states:-
The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.
The problem.
The trader bounce.mobi are unable to refund directly back into my O2 account, I will accept no other payment method. This means that O2 have unfair terms and conditions that have removed my statutory right to a refund under s.45(4). That is negligent, and as a consequence O2 are liable for the cost of this subscription I was signed up to.
The agreement with O2 is clear with regard to content and services O2 offer can be added to changed removed etc, and that's their choice. Their choice to allow their customers be scammed, should not interfere with my right to have a refund into my O2 account.
I have already been offered full refund by bounce.mobi but I have insisted on my statutory right to be refunded into my O2 account. If I do not get refunded I will be taking O2 to court and not bounce.mobi.
The Consumer Rights Act has massive implications for Networks. Any third party digital content makes networks liable.
What exactly is digital content? I would certainly say an app, game, subscription to a website, ringtone etc and that kind of service looks likely to disappear from being added to phone bills.
But is a premium rate text message digital content?0 -
Check the psauthority.org.uk website for future reference about this 'industry'. The mobile network, O2 in this case is is only the payment mechanism for the service you have purportedly signed up to, this was offered by a third apart and is no way connected to the mobile network the customer is using at the time.
You have been offered a refund so are not out of pocket. You chose not to follow the unsubscribe instructions you admit you saw. O2 have not failed in their duty to you and any case against them is doomed to failure.0 -
Check the psauthority.org.uk website for future reference about this 'industry'. The mobile network, O2 in this case is is only the payment mechanism for the service you have purportedly signed up to, this was offered by a third apart and is no way connected to the mobile network the customer is using at the time.
You have been offered a refund so are not out of pocket. You chose not to follow the unsubscribe instructions you admit you saw. O2 have not failed in their duty to you and any case against them is doomed to failure.
The Mobile Networks are under no obligation to supply this sort of 'industry' to customers. O2 cannot tell me anything about the billing and it's disgusting, I know my Consumer Rights, but many don't, O2 didn't tell me about the regulatory body this corrupt industry needs to stop and I see this as an opportunity to end it.
I deleted the unsubscribe message as I thought the message was a scam and that the act of replying stop would bill me. I am certainly not alone in thinking this.
I am curious as to why you think a judge would favour O2 choosing to provide a service under their terms and conditions that removes a statutory right to a refund paid directly into a customers account.0 -
These are the terms and conditions that O2 and I have mutually agreed to in our agreement.
2.8 You're solely responsible for assessing the accuracy and completeness of Content and the value, age-appropriateness and integrity of goods and services offered by third parties over our Service including if you pay for that Content, or those goods or services using our Service(s). Unless otherwise specified, we will not be responsible for, any transaction for third party goods and services, unless we're negligent.
*note goods and services, does not even mention digital content (drafted before 2015 Act and not amended)
Could you try arguing that 02 were negligent in allowing a third party to take money from your account without your explicit permission? (I suspect in practice this would fail though I also think it wrong someone can take money from an account without the account holder's explicit permission.)
Unfortunately I suspect your own course of action will fail. Even if you win in the small claims court then you may find you don't get your costs awarded as you could have received compensation without court action. More importantly even if you win I don't see what good it does as a win in the small claims court sets no legal precedent.0 -
Could you try arguing that 02 were negligent in allowing a third party to take money from your account without your explicit permission? (I suspect in practice this would fail though I also think it wrong someone can take money from an account without the account holder's explicit permission.)
Unfortunately I suspect your own course of action will fail. Even if you win in the small claims court then you may find you don't get your costs awarded as you could have received compensation without court action. More importantly even if you win I don't see what good it does as a win in the small claims court sets no legal precedent.
I appreciate your thoughts but I want to try though. The problem is, Networks could hand over money from your account without checking anything. Their records they sent me about the transaction was incorrect, they stated I was charged for a game, where as the company that scammed me told me it was for a subscription website. Networks don't see the advert/scam you click on it could be ransomware virus made in another country and it's ok just to hand over your money?0 -
The Mobile Networks are under no obligation to supply this sort of 'industry' to customers.
Like it or not Ofcom consider this a legitimate industry and as such the networks have no control over carrying the services. They are not offering it. A customer will have come across it whilst browsing and, in theory, actively have opted in to the service, directly with the service provider not the network.O2 cannot tell me anything about the billing and it's disgusting, I know my Consumer Rights, but many don't, O2 didn't tell me about the regulatory body this corrupt industry needs to stop and I see this as an opportunity to end it.
I agree this is reprehensible of them, it is their responsibility to tell you who has charged you, however having worked for networks the Ofcom lists of service providers are not always up to date and sometimes all the advisor can do is refer you to the PSA for the details.
Unfortunately you made the wrong choice the blame cannot be passed to the networkI deleted the unsubscribe message as I thought the message was a scam and that the act of replying stop would bill me. I am certainly not alone in thinking this.I am curious as to why you think a judge would favour O2 choosing to provide a service under their terms and conditions that removes a statutory right to a refund paid directly into a customers account.
As said earlier o2 have not provided a service, nor have they charged you for it, but provided a mechanism for the chargedto be passed on to you from the service provider. Too few people know that charges can be made to their SIM in just the same way as to a credit card. Again, as I have on several previous occasions I would suggest people spend a few minutes perusing the PSAuthority website
Most customer service staff would love to see the back of this 'industry' in my experience it's the cause of many of our more difficult calls.0 -
Hi, would you mind telling me how you got Bounce to agree to refund you? I was also scammed in a similar way and have contacted them but they have been less than helpful so far!
Thanks0 -
For your information - the company behind Bounce Games is PM Connect, 4th Floor Colmore Gate 2-6 Colmore Row Birmingham West Midlands B3 2QD. Website - ww.pmconnect.co.uk/
Their managing director is James MacFarlane. This is his linked in page - ww.linkedin.com/in/james-macfarlane-87913114/
This is PM Connect's linked in page - ww.linkedin.com/company/pmconnect/
Add in the first W as MSE won't let me post links0
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