OPTA to tackle problems relating to SMS messaging subscriptions – Mediafax

20 February 2003

OPTA regularly receives complaints from mobile phone users concerning unwanted SMS messaging subscriptions. The number and nature of the complaints pertaining to these subscriptions have led OPTA to draw the attention of mobile operators to their responsibility to provide their customers with adequate information about these services. On 26 February OPTA will be organising a meeting with these providers and consumer interest groups to discuss these problems.

Mobile phone service and network providers are required to disclose the conditions governing the use of their services and networks. As a telecommunications regulator, OPTA will ensure that this occurs in a satisfactory manner. Mobile operators must ensure that consumers are informed about the SMS messaging services for which purpose they provide other parties (‘telephone messaging agencies’) with access to their networks. Initially, the problem appeared to be confined to a lack of familiarity with the nature of SMS messaging subscriptions. Usually consumers are not aware that they have registered for a type of subscription, which involves them being charged for every message that they receive.

OPTA, Stichting de Ombudsman and the Consumentenbond have noted that these complaints are increasing and include, for example, unsolicited registration, failed deregistration procedures and difficulties which callers are experiencing in their efforts to present any proof. Consumer interest groups will also be attending this meeting in order to ensure that the legitimate interests of these users are adequately addressed.

Code of conduct

The network service providers constitute a vital link between end users and those businesses which market these SMS messaging subscriptions, on the one hand, because they grant these companies access to their networks and, on the other hand, because they charge the relevant end users tariffs on their behalf. Adverse reports in the media are threatening to place the developing SMS market in a negative light. The network operators have acknowledged the problem and are demonstrating a willingness to help draw up a code of conduct to govern dealings with SMS messaging subscriptions. OPTA believes that such a code of conduct needs to be established soon. If this fails to occur, OPTA will use its enforcement tools to bring pressure to bear on telecommunications service providers to compel them to comply with their legal obligations.

OPTA regularly receives complaints from mobile phone users concerning unwanted SMS messaging subscriptions. The number and nature of the complaints pertaining to these subscriptions have led OPTA to draw the attention of mobile operators to their responsibility to provide their customers with adequate information about these services. On 26 February OPTA will organise a meeting with these providers and consumer interest groups to discuss these problems.