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World Consumer Rights Day: Saturday 15 March 2014 FIX OUR PHONE RIGHTS!

About Consumers International Established in 1960, CI is the world federation of consumer rights groups. Our goal is to ensure that consumer rights can never be ignored. With over 240 member organisations spanning 120 countries, we serve as the only independent and authoritative global voice for consumer rights. We are a registered UK charity.

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World Consumer Rights Day: Saturday 15 March 2014 Fix Our Phone Rights!
Contents
World Consumer Rights Day: Fix Our Phone Rights! ..............................................................................................3 Why Phone Rights are important ...........................................................................................................................3 Get involved ............................................................................................................................................................3 CIs agenda for Phone Rights ...................................................................................................................................4 How consumer groups are already fighting for Phone Rights..5 Case studies to help your campaign ..6 Provide consumers with fair contracts explained in clear, complete and accessible language .............................6 Provide consumers with their moneys worth ........................................................................................................7 Provide consumers with fair and transparent billing ..............................................................................................8 Provide consumers with power over their own information .................................................................................9 Listen and respond to consumer complaints .......................................................................................................10 Appendix I ............................................................................................................................................................12

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World Consumer Rights Day: Saturday 15 March 2014 Fix Our Phone Rights!
Can you imagine a world without mobile phones? In just a few years they have become an indispensable part of our lives and can be found in almost every country around the world. But as the number of consumers using mobile services nears 7 billion, what sort of service are they receiving? Are they being treated fairly? Our 2014 World Consumer Rights Day (WCRD) campaign Fix Our Phone Rights! is devoted to tackling the issues that most effect consumers of mobile services. WCRD was established on 15 March 1983 to promote consumer rights around the world. For WCRD 2014, we are calling on CI Members and Supporters to highlight the consumer issues that are undermining and frustrating the success of this new technology.

Why Phone Rights are important


In 2013 it was estimated that 6.8 billion people owned a mobile phone. In 2011 that figure was 6 billion and in 2010 it was 5.4 billioni. When you consider that there are only 7.2 billion people in the world you realise how widespread mobile phones have become! At the same time mobile services have transformed from just being telephones that enable us to talk and text, to mini computers giving us access to information and services that are crucial to livelihoods and health. They are not just convenient, but increasingly important tools that help to empower citizens and consumers. Having access to mobile connectivity is a necessity and has gone beyond being a frivolous activity.

Get involved
As we get closer to WCRD 2014, CI will be highlighting the problems and challenges faced by mobile consumers across the world. This will culminate in a global action in the final week running up to 15 March. Together with

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your national activities, we hope to ring in some significant changes to the way mobile consumers are treated. Details of how you can get involved will be with you in January, so please key an eye out for CI WCRD communications. Also make sure you subscribe to CIs WCRD 2014 e-network to get the latest updates: http://lists.consumersinternational.org/wws/info/wcrd

CIs agenda for Phone Rights


CI is developing a WCRD consumer agenda for Phone Rights. These are issues that affect mobile consumers across the world in some way, and we hope every CI Member and Supporter can join the call too. Some of the issues we want to address are:

1. Provide consumers with fair contracts explained in clear, complete and accessible language Consumers often feel cheated by their mobile provider, either because of unfair contract terms and conditions or because they didnt understand what they had signed. Telecom providers should always provide consumers with fair contracts with all relevant information explained clearly so that consumers can exercise their right to make informed choices.

2. Provide consumers with their money's worth Consumers subscribe to mobile services in order to communicate and to access information. It is only reasonable that they then expect those services to be consistent and of a high quality without drop outs in service.

3. Provide consumers with fair and transparent billing Consumers shouldnt be billed for services they didnt request. We demand fairness and transparency

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in our bills, and protection from billing fraud.

4. Provide consumers with power over their own information! Telecoms providers and regulators alike must protect the personal data that consumers give up in order to use mobile services. Whilst giving consent to use personal data can enhance the experience of using a mobile phone, it can also compromise the consumers right to safety. Consumers must be able to set the terms of how this data is used.

5. Listen and respond to consumer complaints Telecom providers should have effective complaints systems, and if consumers are not satisfied there should be redress mechanisms to ensure a fair outcome. We must be able to penalise providers for abusive and unjust business practices.

How consumer groups are already fighting for Phone Rights


Developments in mobile telecommunication continue to deliver real benefits to consumers all around the world. However, despite the undoubted success of the mobile telecom industry, critical concerns remain about consumer rights to information, security, privacy, mutual trust and fairness. In many countries around the world consumers suffer from abuses, unfair practices and inconsistencies in mobile telecommunications services. In Malaysia, the National Consumer Complaints Centre (NCCC) - an independent body monitoring consumer complaints, noted in its 2012 Annual Report that the sector with the highest number of complaints was telecommunications. The 5,985 complaints included poor connectivity and tariff and billing concerns.

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Within the telecoms sector, most complaints often stem from mobile services. The Telecommunications Industry Ombudsman (TIO) of Australia released its 2012-2013 report showing more complaints about mobile services than any other telephone or Internet service. Of the 91,331 received mobile services complaints, issues on coverage i.e. inability to make or receive calls and messages, inability to connect to the internet, poor voice quality, and call dropouts - hit the number one spot with 25,770 complaints recordedii.

Case studies to help your campaign

1. Provide consumers with fair contracts explained in clear, complete and accessible language A significant concern for consumers is the misleading, unclear and incomplete information that consumers are given when they purchase mobile services. There are many reported cases in which consumers feel their contracts are unfair or where they are not provided complete information on the provisions of the contract. The result is often confusion and additional charges for end-users. Examples of unfair and unclear contracts include: Which? UK When UK consumers with a fixed tariff contract were forced to pay for price hikes, CIs UK member Which? launched a successful Fixed should mean fixediii campaign that called for the mobile phone companies to allow the subscribers to leave their contract without penalty, if the network provider increased its service charges beyond what was agreed in the signed contract. Consumers are not provided with complete information about their contract. There are hidden/vague provisions for automatic subscription renewals. Consumers are unaware they are locked in to a lengthy commitment. Unfair penalties are imposed for switching or terminating the service.

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FOCUA-Consumers in Action, Spain In Spain, CI Member FOCUA-Consumers in Action led the campaign #liberamimovil (unlock my mobile) against the sale of locked mobile handsets to subscribers and the refusal to unlock these until the completion of their contracts. Since the Consumer Protection Act in Spain recognises the autonomy of consumer authorities in each of the 17 Autonomous Communitiesiv, FOCUA-Consumers in Action lobbied to fine companies which continue to practice such policy, Movistar (one of the largest telecommunications providers in Spain) announced the cessation of the policyv.

2. Provide consumers with their money's worth High fees and promises from telecom providers encourage consumers to expect mobile connectivity at all times, yet despite technological developments, poor service continues to be a perennial concern. Examples of poor service include: Poor mobile coverage - Mobile connection is inconsistent and fluctuating such that consumers cant use mobile services from one area to another. Service drop outs Consumers experience drop outs, slow mobile Internet access or mobile applications that crash. Poor complaints - handling and a failure to resolve problems. Consumers are kept on hold for long periods of time and fail to have their problems resolved to their satisfaction.

Association des Consommateurs du Mali (ASCOMA), Mali In Mali, with the support of CI, the Association des Consommateurs du Mali (ASCOMA)vi has called for the telecom providers to improve their network facilities in order to deliver the promotional services that are being promoted to consumers. The poor network facilities cause call drop outs and network dead spots. With these inefficiencies, the consumers are not benefitting from the services offered.

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Countryside Alliance, UK In south west England, the public were encouraged to get involved in the Countryside Alliance's campaign to improve mobile phone coverage in the rural areas of the region, which often experiences poor to no network signals. According to Countryside Alliance, the poor network quality results in the loss in livelihoodsvii.

3. Provide consumers with fair and transparent billing Without clear and complete information, consumers are vulnerable to unfair charging for mobile services. Too often consumers are charged for services and products that they have not authorised or that are associated with free services. Consumer rights are also compromised when they are billed with products or services they did not purchase, products or services they did not receive or when they are charged at a higher fee than the fee that was advertised. These abuses are collectively known as cramming. Examples of unfair and unclear billing include: Hidden charges. Consumers pay for a service or product which is more expensive than its published rate. Scamming. Consumers receive calls or text messages from an unknown number offering promotions and prizes, but are asked to sign up for a service before receiving the promotion. They then find they are billed for this additional service. Non-transparent charging scheme. Consumers are often confused by the complicated pricing tariffs or are simply unaware of charges and costs due to the complexity of the information they are given.

Excessive roaming charges. Using mobile services abroad can result in sky-high mobile phone bills.

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The League for the Consumers Defence in Benin (LCDB), Benin The League for the Consumers Defence in Benin (LCDB)viii, has proposed a campaign calling on telecom providers to provide accessible and transparent pricing schemes for mobile services. The proposed campaign would tackle unclear pricing schemes and pricing abuses by requiring the telecom providers to comply with pricing principles published by the Regulatory Authority of Benin.

The Australian Communications Consumer Action Network (ACCAN); The Australian Communications and Media Authority (ACMA), Australia Many of us have been caught out by exorbitant bills and hidden charges when travelling abroad, so much so that many consumers now opt to turn off their phones when abroad rather than face unexpected charges. One of the cases recorded by CI Member, the Australian Communications Consumer Action Network (ACCAN) is that of a businessman who was billed AUS$9000 from Telstra for one-days use of roaming services while on a business trip to Singapore. Due to pressure from consumers, a number of initial successes have been recorded. The Australian Communications and Media Authority (ACMA) are to form an industry standard for mobile roaming so charges for calls, text messages and Internet surfing are transparentix.

In Europe, the European Union has forwarded proposals to ban mobile companies from charging for incoming calls from July 2014 and scrapping other roaming charges within the EU region by 2016. This proposal is seen to bring forth healthier competition among the telecommunication providers and better deals for consumersx.

4. Provide consumers with power over their own information The security of data that consumers provide when accessing mobile networks is a critical area that needs to be seriously addressed by mobile telecom providers. Consumer confidence in products and services is crucial to their success, but this requires the subscriber's identity and privacy to be well-protected against accidental exposure or attack. Threats to consumers privacy include: Consumers receive spam SMS messages, although they have not given out their number to marketers.

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Data breach and identity theft due to inadequate security measures by the mobile providerxi. Consumers data and personal information can be accessed without authorisation, either through a deliberate attack, by someone trying to impersonate the consumer or weak protection that allows personal data to be viewed.

Mobile surveillance. Consumers data is collected and used by companies in ways that they havent agreed to and dont agree to.

Rwanda Consumers Rights Protection Organization's (ADECOR), Rwanda In July 2013, all mobile users in Rwanda were required to register their SIM cards with mobile telephone operators to protect the identity of the consumers and to combat terrorist acts. This move, though intended to provide security, could also threaten the privacy of consumers and citizens. For this reason, the Rwanda Consumers Rights Protection Organization's (ADECOR) proposed a campaign called Stop Airing My Privacy, seeking to directly engage with ICT companies and mobile operators to ensure that consumers information is respected. Government bodies such as the Ministry of ICT, Youth, and members of the parliament will be encouraged to review the use of consumers' data.

The Slovenian Consumers Association (ZPS), Slovenia The Slovenian Consumers Associationxii (ZPS), with support from CI, has launched a campaign calling for telecom providers to provide better information to consumers about their automatic membership to unwanted messages from SMS club services. This has resulted in third party providers billing consumers with additional charges and having access to their information. Despite the access the SMS club has to the consumers' information, the consumers are not able to communicate directly with the SMS club to stop the charges.

5. Listen and respond to consumer complaints International guidelines for how telecom providers, mobile vendors and governments should work together to establish fair, effective, and transparent self-regulatory mechanisms, policies, and procedures to handle and resolve consumer complaints and disputes, have been in place since 2008xiii. However, many consumers still dont know where to turn when they have a problem and many disputes are

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left unresolved. Inadequate regulatory policies and procedures include: A lack of strong policies on regulation of mobile telecom providers. A lack of strong policies on dispute resolution between consumers, mobile telecom providers and government. The high cost of seeking redress.

Tanzania Consumers Advocacy Society (TCAS), Tanzania In 2013, CIs Member in Tanzania, the Tanzania Consumers Advocacy Society (TCAS) launched a campaign against a proposed monthly SIM card tax of Sh1,000. The tax threatens to make mobile services unaffordable for the poorest households who, it is estimated, only spend Sh3,154 per month on airtimexiv. Aside from the economic burden, the SIM card tax has not undergone consultation among the citizens of Tanzaniaxv. Following the launch of the campaign, the telecommunication providers have also joined TCAS in opposing the new tax.

Telecommunication User Committee, Argentina In Argentina, the Telecommunication User Committee launched a campaign to raise awareness on the abuses of telecom providers. A fifteen-point call was released by the Committee to promote changes in the regulatory provisions in the telecommunication sector to ensure that consumers are protected from any unfair practices concerning tariffs, contracts, quality of service and redress mechanisms. The Telecommunication User Committee is composed of 24 consumers organisations, of which some are CI Members Consumidores Argentinos, Adelco, ProConsumer, Protectora, UCA and Union de Usuarios y Consumidoresxvi.

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Appendix I
i

See International Telecommunications Union (ITU), ICT Facts and Figures. http://www.itu.int/en/ITUD/Statistics/Documents/facts/ICTFactsFigures2013.pdf

ii

See http://www.zdnet.com/mobile-complaints-down-25-despite-small-telco-rise-tio-7000022324/

iii

See http://www.which.co.uk/campaigns/mobile-phone-price-rises/know-the-issue/

iv

See http:// www.cuatrecasas.com/media_repository/docs/esp/spain.international_consumer_protection_920.pdf

See http://www.facua.org/es/noticia_ant.php?Id=7902&IdAmbito=21&idioma=1

vi

See http://www.consumersinternational.org/our-members/member-directory/ASCOMA%20%20Consumers%20Association%20of%20Mali%20-%20Association%20des%20Consommateurs%20du%20Mali

vii

See http://www.gloucestershireecho.co.uk/Mobile-phone-users-urged-make-voices-heard/story20172141-detail/story.html#ixzz2m0yMePmC

viii

See http://www.consumersinternational.org/our-members/member-directory/LDCB%20%20League%20for%20the%20Consumer%20Defence%20in%20Benin%20%20Ligue%20pour%20la%20Dfense%20du%20Consommateur%20au%20Bnin

ix

See http://www.news.com.au/technology/gadgets/travellers-charged-thousands-for-using-mobilesoverseas/story-fn6vihic-1226456146618

See http://www.tnooz.com/article/data-roaming-changes-travel

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xi

See http://www.techopedia.com/definition/13601/data-breach

xii

See http://www.zps.si/

xiii

See Organisation for Economic Co-operation and Development (OECD). Consumer Policy Guidance on Online and Mobile Payments. 4-6 November 2013.

xiv

See http://www.thecitizen.co.tz/News/Dar-telcos-join-consumers-in-lawsuit-over-SIM-card-tax//1840392/2026062/-/o4nbm4z/-/index.html

xv

See http://www.twaweza.org/go/sauti-brief-sim-tax

xvi

See http://consumidoresarg.org.ar/article/campana-contra-los-de-las-empresas-de-telef/

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