Has The Initial Term Of Your #Mobile Contract Expired?

Are you a cash cow?

Today I contacted Vodafone to cancel the 3G contract I took out as part of an iPad offer a few years back. It's included as an extra number on my mobile bill, so it was easy to kind of forget it in the total. Turns out I'd diarised the wrong cancellation date, and could've cancelled last October, when I was first 'out of contract'. Okay, so I'm a bit of a mug (worse, I'd long ago switched the iPad to 'airplane' mode, so wasn't even using the 3G option), but I do tend to have a lot more important things on my mind. The decent thing would have been to remind me at the time the intial term expired to give me a chance to consider if I wanted to extend, switch or cancel. But that's not part of the service...

The first customer service person I spoke to wasn't allowed to process my cancellation request. She had to put me through to another person who could. I protested, but to no avail. Needless to say, the next person began putting me through the whole process again, presumably so I'd lose the will to cancel and consider an upgrade.

I toughed it out and insisted on cancellation. The representative agreed to put that through, but said it would only take effect in 30 days' time. Hang on, I said. If it was true that I was "out of contract", as they kept saying I was, then how could Vodafone still be entitled to 30 days of my money - not to mention the extra 6 months they'd already enjoyed through my diary error? I knew the answer, but I wanted to hear the explanation.

You see, they didn't really mean that I was 'out of contract' in the sense that the contract had somehow expired. That would be misleading. If the contract had really ended, Vodafone wouldn't have been entitled to be paid for the extra 6 months, never mind the 30 days. Instead, they only meant that the minimum term of the contract had expired. That meant the contract had actually continued subject to termination on 30 days' notice - so it could have gone on for 30 years if I hadn't called to cancel it. 

When I asked if Vodafone has a process for notifying customers when they are 'out of contract' (i.e. when their initial term has expired), the representative said they did not.

Of course, Vodafone does have a process of calling you about upgrade opportunities a long time in advance of when the initial term expires. But that's just marketing. They then go quiet around the time the initial term expires, so you bear the risk of beoming a rolling 30-day cash cow.

I wonder how many customers paid for an iPad or other device through a 3G contract and forget it's still appearing in their bill even though the initial term had ended? And how many get a new mobile and don't realise they're still paying for an old one they thought was 'out of contract'? Are they to be treated as stupid people, or people with a hell of a lot of other stuff on their mind who could do with a reminder? Would they be prepared to pay a small admin charge for a reminder at the right time, or should such a reminder be a part of any decent service?

It's worth noting that Ofcom banned "automatic rollover contracts" for consumers and businesses with no more than 10 employees in September 2011. But the ban only applied to landline voice and broadband services, and it only means the customer can't be automatically renewed into another extended 'minimum contract period'. The new rule is that the maximum duration of initial contracts can only be 2 years; and at that point users must be offered an option to contract for a further maximum duration of 12 months. That means they are prompted to extend, switch or cancel.

Should a similar rule be brought in for mobile services?

 

Why Consumer Terms Aren't "Silly"

A strange article in the FT yesterday from the usually reliable John Kay, explaining why he 'ignored' the consumer terms related to his smart TV and Apple's new operating system. Of course, we're all free to decline a reasonable opportunity to read and agree consumer terms. But it's wrong to suggest they're 'silly', as the Carbolic Smoke Ball Company discovered long ago. While consumers rarely read them, certainty as to what consumer terms apply is fundamental to the efficient operation of retail markets. Allow me to take each of John's pronouncements in turn:

"Samsung and Apple are plainly in business for the long term, and their continued success depends on maintaining their reputation with their customers. It is unlikely that these agreements contain anything seriously damaging to my interests, and if they did I am reasonably confident that the combined forces of judges, legislators, regulators and the press would protect me."

Putting aside the misplaced trust that a major corporation's long term aspirations are aligned with their customers' interests (think retail banks), this misses the point of consumer agreements - particularly in the context of supplying a 'smart' device that operates in multiple jurisdictions. Apple's end-user agreement helps set the rules of the Apple ecosystem, just as Facebook's privacy policy does. Such services would rapidly break down if suppliers, customers, regulators and other 'stakeholders' did not understand the detailed rules that underpin them. How does John think that Apple gets paid for selling other people's Apps? Ironically, numerous regulations insist on very prescribed sets of consumer terms, which often provide the basis for the very action by the 'combined forces' on whom John relies for protection (although they can also be hijacked, as we saw when the US government effectively deputised PayPal and others as private sheriffs, relying on violations of their terms of service to 'shut down' Wikileaks).

"On the odd occasion when I have troubled to read similar agreements, I have found they are generally riddled with ambiguities and with conditions that are unenforceable in practice and probably unenforceable in law. The attorneys who draft these documents are mostly unimaginative hacks rather than hotshots of the profession. And complex contract specifications do not so much define the obligations of the parties as identify the point at which legal argument will start. Ask the people who thought they knew where they stood with Lehman Brothers."

Let's unpack this. John rarely reads consumer terms, so his experience here is unreliable. He's not a lawyer, so he's no guide to the enforceability of contractual terms. He clearly has no friends in this area, which is a shame, but he's unwise to underestimate the scale or calibre of the legal resources Apple devotes to the customer terms that underpin its position as one of Earth's most valuable corporations. And Lehman Brothers? Being an investment bank it simply never dealt with 'consumers' at all, however, (ironically, John) the banks had no idea of who owned which assets after trading with Lehman Brothers because they ignored the small print.

"...To the extent that the user agreement has relevance at all, that relevance is to the battles these large technology companies conduct with one another and with their various regulators."

As explained, this ignores the role of end user agreements in determining how the entire retail ecosystem works - in this case, the rules that make John's TV 'smart'.

"...If there is a problem, it is not the laziness of consumers but the use of inappropriate models in the formulation of public policy. These too often espouse a legal and economic view of human behaviour in which agreements are negotiated between informed and consenting parties, and enforced through adherence to the contract provisions, if necessary through the courts. The reality is that the terms of exchange in a market economy are defined by social expectations and enforced by the mutual need of the parties to go on doing business."

I agree that 'laziness of consumers' is not an issue - again, we are all free to decline the reasonable opportunity to read consumer terms upon which the law insists. But if by 'inappropriate models' John is referring to the common law system, then he should compare it to the joys of the civil law system. In common law countries, we are free to act unless the law restricts us - the law follows commerce. In the absence of Parliamentary edicts, contracts provide the rails on which commerce runs. Meanwhile the citizens of civil law countries wait for their lawmakers to define how they may act, so European commerce, for example, follows the law. Thus, our EU colleagues regard entrepreneurship as rather dodgy, and believe that contracts should rarely be needed to supplement civil law codes.

I know which system I prefer.

But, critically, John is also choosing to gloss over the need to record what he calls the 'terms of exchange' so that people have enough certainty 'to go on doing business'. That is the role of the contract in a common law country. And the enforceability of such terms - the 'rule of law' - is what distinguishes a (reasonably) efficient market economy from, say, corrupt dictatorships or centrally planned economies.

In other words, Apple's lengthy terms - and John's freedom to decline the opportunity to read them - not only facilitates the collaborative ecosystem that creates John's 'smart' TV, but they also help everyone keep Apple and its suppliers honest.


Image from CloudPro.