News
ComReg finds Vodafone non-compliant with requirements of
20th February 2012
Under Regulation EC No 544/2009 ("the Roaming Regulation") mobile operators were required by 1 July 2010 to automatically apply a data roaming spend cap of €50.00 (excluding VAT) €61.50 (including VAT) ("the Default Spend Cap") to all data roaming customers who had not chosen to opt out of a data cap, or who had not opted for another data cap, if offered, by that date. The Default Spend Cap was required to be put in place by mobile operators in order to counteract "bill shock”. Spend caps allow consumers to monitor their expenditure on data usage when roaming abroad and give them the option of limiting their expenditure on data usage should they so wish.
The Commission is required and empowered to supervise and enforce the provisions of the Roaming Regulation in Ireland.1
On 9 December 2011, the Commission commenced High Court proceedings against Vodafone in order to obtain orders of compliance against it. Following a detailed investigation, the Commission found that Vodafone Ireland Limited ("Vodafone") had not complied with the relevant provisions of the Roaming Regulation.
Information for consumers
Vodafone may contact its customers on data roaming plans in connection with the Default Spend Cap in the coming days.
From 22 February 2012, Vodafone will apply the Default Spend Cap to its customers on data roaming plans that have not opted, by 21 February 2012, for another limit, if offered, or no limit, should they wish. New customers on data roaming plans will also have the Default Spend Cap applied to their accounts if they have not opted for another limit, if offered, or no limit, should they wish.
Vodafone will resolve any issues that are or have been raised by customers in respect of billed amounts for data roaming between March 1 2010 and 22 February 2012 (which may have been affected by Vodafone’s incorrect implementation of the Default Spend Cap), to the reasonable satisfaction of the customer, having paid financial compensation where appropriate.
In accordance with ComReg’s procedure for complaint handling, consumers should contact ComReg in respect of complaints to their operator which have not been responded to or resolved within 10 working days. Consumers who intend to use a data roaming service may contact their mobile operator to confirm what cap is currently being applied to their account and to change their preference, should they wish.
How does the Default Spend Cap work?
The Default Spend Cap is a measure introduced to protect consumers from "Bill Shock" in relation to data usage on their mobile handset/device while travelling in the European Union.
From 1 July 2010 all data roaming customers who have not chosen an alternative limit, if offered, or no limit, are automatically placed on the Default Spend Cap which is €50.00 (excluding VAT), €61.50 (including VAT).
In each billing period consumers will receive a warning message when their usage is near to and when they have reached the data roaming limit set for their account. Consumers cannot use any more data, for that billing period, when their limit has been reached, unless they give their consent to continue data roaming.
Consumers who have consented to continue data roaming may wish to contact their mobile operator to confirm, prior to using a data roaming service again, what cap is currently being applied to their account and to change their preference, should they wish.
Full text of ComReg Information notice
