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Canadians File Class Actions Over Incoming SMS Fees
dontmakemethink writes "CTV reports that over the last couple of weeks class-action lawsuits have been filed against two major Canadian cellular service providers, Bell and Telus, for imposing fees on incoming text messages. While there has been very vocal opposition to the introduction of the fees, those who cannot change providers due to binding contracts feel the situation is actionable in court. Some of those not bound by contract, such as myself, have given their service provider notice that they will charge the provider for having to contact them to have charges reversed for unsolicited texts. Because service providers are aware of the volume of unsolicited texts, we feel they are liable for the inconvenience to their clients for preventing spam charges, and more importantly under no circumstances should service providers profit from spam. We also feel that requiring us to buy text bundles to avoid the inconvenience of reversing spam charges constitutes extortion. They can charge me for texts when they stop the spam."
I can understand how this might be a breach of contract issue for customers with binding contracts, and I would certainly expect many customers, even without binding contracts, to cancel their service over this. However, I really can't see how a customer can consider themselves justified in arbitrarily billing a company for their time just because the company makes changes that they dislike, no matter how horrible those changes may be.
I'm glad this sort of shit doesn't happen in Australia, only the sender of an SMS/phonecall gets charged here
-- Sex is the antonym of pringles. Once you pop it's time to stop.
Unlimited Data Plans Should Include Unlimited Texting. Period. Anything Else Is Criminal.
"To err is human, to mod Funny divine."
Because SMS is generally free, at least in the UK and EU. It's only in the US, where they don't really understand how phones work, that they charge to both send and receive messages.
Show me one UK pay-monthly package that hasn't got at least 500 free SMSes per month, and I'll show you half a dozen more that do, often cheaper.
Regardless of whether people know in advance that they are being charged for incoming SMS this should be illegal. Smart people wouldn't agree to such a contract anyway. Basically someone has the right to take all your money without notice. It is no better than loansharking if you think about it.
Correct me if I'm wrong... but aren't contracts breakable without termination charges if the service provider changes the contract? There's a time limit on this, but it's fairly generous. I know people who got out of their Bell/Telus contracts recently precisely BECAUSE of the SMS fee.
Now, the fact that all the wireless providers in Canada are dirty crooks is another story altogether. Quitting your contract won't help much, you'll just get gouged somewhere else.
I think Canadian telecom (and to a lesser extent in the US) is proof solid that a laissez-faire approach to regulation and the institution of "free market" principles in an industry where the government GUARANTEES monopoly (via last mile, etc.) simply doesn't work.
Jim Prentice is a corporate crony who should be kicked out of office, preferably thrown in jail for so blatantly selling out the Canadian people's interests. His broken-record touting of "free market will be best" on the telecom issue is laughably absurd for anyone who's had to pay a phone bill in the last 10 years. What a change the Conservative government has brought us. Now instead of the Liberals selling out the Canadian people little bits at a time under the table, the Conservatives are having a firesale blowout with no regard for public opinion.
In fact it's damn expensive, around 10 cents a message.
That's because there is no real competition: in France, the three mobile operators have been fined over €600 million for anticompetitive collusion. There is room in the spectrum for a fourth operator, but Sarkozy's best bud with the existing ones (CEO godfather of his son) and since he's such a corrupt fucker, he is doing all he can to derail the allocation process.
But he's a right-wing "free market" advocate! Right!
As a Canadian, I feel this is just us imitating the American way of doing things. However, it's unfortunate that we can't take full credit since he's a new immigrant and likely wasn't a citizen yet.
In other news, it strikes me as odd that you find the fact that children saw it the most disturbing bit about this. The children will be fine. The victim won't be.
I can not understand why companies where allowed to do this in the first place.
In normal countries paying for something you did not ask for would be considered fraud. But then I live in a country (Belgium) where generally the customer is more important then the companies.
Don't fight for your country, if your country does not fight for you.
-2 Missing point..
There's not even a way to OPT OUT of texting entirely. The consumer is stuck with the service whether or not he or she even wants it.
How stupid is that?
In my experience the best way is just to cross out the bits you don't like, photocopy it before sending it off and send it.
I have only once had an "I'm sorry we cannot accept your business" response. When the mobile phone provider Orange set me a change in terms and conditions which said that accepting them would tie me in for another 12 months I crossed this out (I had already had a 12 month minimum term on sign up) and enclosed a note saying that I thought a further lock-in was unreasonable. They actually responded saying they accepted my contract on these terms!
If it had been the US, one of the other passengers would have shot him.
As would have only been proper!
Hurricane Island Outward Bound
OB
Here in Canada there is another option: Virgin Mobile. No connection fees, call waiting fees, etc. And certainly no fees for incoming text messages. But wait, doesn't Virgin Mobile rent space on Bell's network?
Oh yeah, that's right. Bell owns 50% of Virgin Mobile Canada and as part of the deal Virgin pays Bell the cost of using their system (plus a bit extra) and of course profits from being a 50% owner.
So what do they charge Virgin Mobile for each text message sent over their network?
About 1/10th of a penny.
So suffice to say, I don't buy it when Bell and Telus claim that the 15 cents is to cover the costs of receiving that text message.
If it had been in England, the police would have shot some Brazilian guy who was nothing at all to do with it.
And Bush would have said "Oh my God! A brazillion people were killed on a bus! How many is that anyway?
Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
Yes, and a gunfight would have broken out, resulting in not only the one dead passenger by the killer (that would have happened regardless), but several other dead passengers caught in the crossfire of inexperienced gun wielding idiots.
Right. And that would have been a MUCH better news story than just *one* lousy decapitation. That's why the US is the world media leader. More action, better suspense, and a deadlier final outcome.
U-S-A! U-S-A! U-S-A! U-S-A! U-S-A!
You'll have that sometimes...
Yes, and a gunfight would have broken out, resulting in not only the one dead passenger by the killer (that would have happened regardless), but several other dead passengers caught in the crossfire of inexperienced gun wielding idiots.
You ought to look up some conceal carry stats and get some knowledge before shooting off your mouth (pun intended).
CCW permits require training and include a background check of some sort. You don't just start carrying and get away with it (except in, I believe, Vermont and Alaska, and they strangely don't have humongous crime problems). Then there's the interesting fact that off-duty cops have a worse criminal rate than CCW holders.
You need to stop reading the nanny state press (both right and left) and starting looking things up for yourself.
Infuriate left and right
You are wrong. There are 2+ million crimes yearly in the US prevented by use of a gun, most of those without firing it.
Most gun deaths in the US are criminals on criminals, and those people are criminals only because of the War On (Some) Drugs.
Doctors' bad handwriting alone is responsible for 7000+ deaths a year in the US. Medical mistakes in the US kill 200,000+ a year. Cars kill 40,000+, more than guns.
Where's your outrage about cars and doctors? Wheress your outrage about the War On (Some) Drugs?
Refusing to face facts is a good sign of cowardice. What exactly about guns scares you so much, so irrationally, when cars and doctors kill far more people, and when most gun deaths are criminals anyway?
Infuriate left and right