Unfair Out-of-Bundle Data Charges

I made a complaint yesterday, and received absolutely no help from Cell C. So I will complain here everyday and on every other available platform, until I am given a satisfactory response.

I'm a prepaid customer. Like all prepaid customers, was sent a text on the 07th of February saying ICASA regulations had changed, and airtime could no longer be used for out-of-bundle data. There was an option to press 1 if I wished to change this and allow for airtime to be charged. This clearly implies that if I took no action, when my bundled expired, my airtime would not be used, and that I would be cut off from the internet.

I reasonably, like any customer would have, inferred that going forward, if my data bundle expired or ran out, I would be cut off the internet. If I was cut off, I would know to buy another bundle. That assumption is based on what I was told in that sms, as well as other Cell C media statements.

Recently, my bundle expired. When I looked at my balance, hundreds of rands had been used from my airtime for data.

After posting my complaint on this website yesterday, I was contacted by Cell C. However, there was absolutely no help on offer. The service consultant I spoke to merely tried to pass blame onto me, saying I needed to have made setting changes on my phone (*147#) in the spend control mechanism to prevent airtime usage after my data-bundle expired or ran out. In affect, I would now need to opt-out.

The service consultant elected to ignore crucial factors: 1. The Icasa ruling says one needs to opt-in to out-of-bundle data airtime charges, not the other way around.

2. Further, the Icasa amendments state: 4.4 Regulation 8B(2) of the Regulations is hereby amended by substitution for the following sub-regulation: “(2) Where an end-user does not opt-in to out-of-bundle data charge as per regulation 8B(1)(c) above, a Licensee must not permit any out-of-bundle data usage by an end-user until such time that an end-user purchases new data bundles or opt-in to out-of-bundle usage. In the event that an end-user does not make an election, whether to opt-in or opt-out of out of bundle usage, the Licensee may either immediately terminate data services or continue to provide data services, provided that the provision of the service shall be on the same terms and conditions applicable under in-bundle usage.

So at best, Cell C could have elected to allow my usage to continue, assuming they took my non action as a non-election. BUT crucially they would have had to charge me “on the same terms and conditions applicable under in-bundle usage”. WHICH THEY DID NOT. They charged me at hugely inflated out-of-bundle rates.

3. I did not receive any communication via sms saying that Cell C had changed policy and that I now needed to opt-out of out-of-bundle data charges, or make an election, or that the default setting on the spend control would be to continue allowing data to be charged from airtime out-of-bundle. Cell C messages are notoriously unreliable. I often do not receive sms’s from Cell C or receive them incredibly late. But even if I had received this communication, it would not change the fact that Cell C was not allowed to charge me at the rate they did, see point 2 above.

4. All previous communications that I did receive from Cell C were contradictory to their current line, both in by sms and the media. Refer to the initial sms message I received from Cell C on the 07 February: "As Per new regulations, from 1 March you won't be able to use data without a data bundle. Reply 1 to continue using airtime for out-of-bundle data. Cell C" Refer to Cell C's own website media statement on the 13 February: "Customers have to opt-in to OOB (out-of-bundle) data charges, if they want their data service to continue when bundles are depleted".

In the same statement: "Under new regulations, consumers need to opt-in to OOB data charges in order to stay connected when their data bundles run out".

Both communications clearly indicate one must OPT-IN for out-of-data airtime usage. I did not opt-in for this service.

At best, notwithstanding the mixed communications and none delivery of other communications, Cell C was still not allowed to do what they did. According the above, I should have been charged IN-BUNDLE rates. Which I was not!

5. At no time after going out-of-bundle did I receive a warning message that telling me that airtime was being used for out-of-data bundle usage. I have only as of yesterday received these communications, after I complained. Which proves that Cell C’s messaging system is flawed, and I can prove this as the messages came through in a flurry only yesterday. Not while the actual usage was being incurred.

6. Finally, when I asked what I wanted to happen, I said simply, I’d like the amount of airtime charged for data, after my bundle expired and up until I bought a new bundle, to be calculated and that amount refunded. I was rudely told by the consultant that she would not do this, and further, that it is actually impossible to calculate the amount of data usage (excluding voice calls and sms) that was drawn against my airtime after my data bundle expired. When I went into the Cell C Rosebank store yesterday I was told this is not true, Cell C is perfectly capable of working out what the data usage was and how much was drawn against airtime.

This is predatory behaviour from Cell C and seems totally designed to take advantage of customers with opaque messaging and changing policies. But more crucially, it is not even allowed under the gambit of Icasa’s own amendments. So unless someone explains to me otherwise, it is *******.

I want my money refunded, as stated above, otherwise I’ll continue to complain for 14 days, and then take this further with Icasa themselves.