Unhappy with your cellphone service provider? Here’s the steps you can take

Cellphones have in many ways become an extension of ourselves and many consumers will even give up their rights just to have a cell phone that links them to the world.

Fortunately for consumers, they never have to go this far because they have rights underpinned by the End User and Subscribers Regulations introduced by the Independent Communications Authority (Icasa) that cover the entire relationship between you and your service provider.

Icasa regulates the electronic communications, broadcasting and postal industries in the public interest. The Icasa Act deals with the establishment of Icasa and details its functions.

The Electronic Communications Act is the principal law regulating electronic communications and deals with the role of Icasa, the licensing of electronic communications services and systems, broadcasting services, the obligations of authorised service providers, the protection of users and subscribers, the power to make regulations and penalties incurred for breaches of the relevant legislation.

Icasa concluded a working agreement with the National Consumer Commission in 2015 to resolve telecommunications and broadcasting complaints and Icasa made the regulations in terms of the Electronic Communications Act to:

• prescribe the minimum standards for electronic communication services rendered to you as an end user;
• ensure that the quality of service complies with the prescribed service parameters;
• protect your rights by ensuring you have enough information to make an informed choice, that complaints are resolved speedily and effectively and that end users are compensated where necessary.

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Your right to information

When you conclude a cellphone contract, the selling agent must inform you about:

• the contract terms and conditions;
• the deposit you must pay;
• the connection and administrative fees;
• insurance;
• all bundle rates;
• the price of the cellphone;
• the possibility of tariff changes during the contract term;
• the rules that apply if you wish to terminate the contract before it expires;
• rules for transferring minutes and data;
• fair use policies;
• when invoices are issued and the period of time covered by the invoices;
• how complaints are handled.

The service provider should regularly visit all its branches to check that staff are complying with the regulations and report to Icasa how successful it is and what is done to ensure everyone complies.

Promotions

Service providers must submit the details to Icasa at least seven days before a promotion begins and report on it later. Your service provider should also make sure that you get all information about the promotion in a way that you understand and in plain language. The information must include the terms and conditions of the promotion, how long the promotion lasts for, your duty when the promotion expires and all fees charged.

International roaming

The service provider must send you a welcome message when you roam internationally on your cell phone with information about the contact details of the service call centre, how you can listen to messages and how much they cost, what roaming networks are available, the cost of the service for incoming and outgoing calls, data usage and text messages and a summary of the terms and conditions. Your service provider must also send you the terms and conditions.

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Promoting the regulations

Service providers must develop a version of the regulations in plain language and make it available on its website and at all its branches.

Billing and accounts

You can ask for a detailed account that shows exactly what you pay for. Service providers must also have a system that makes it possible for you to look up your account on its system. The costs involved should match the platform you are using.

If you use prepaid services, the service provider must also be able to provide you with a report indicating what you paid for and how you used it.

Refunds

You can claim your money back if the service provider’s services were not available in terms of regulation 9, but only for the days when the service was not available.

You also have the right to privacy which should be protected against unauthorised access to use your personal conversation or information. In addition, you have a right to quality and reliable service, as well as timely, accurate bills and redress.

You have the right to accurate and understandable bills for services consumed and to fair, prompt redress for problems related to bills or that may arise during the use of services and the right to complain to your service provider.

Other regulations

• Service providers must continuously monitor their services and give you seven days’ advance notice if the service is going to be suspended for upgrades.
• Your service provider must also have a system to resolve complaints and let you know when your complaint has been received.
• When you complain about your account, your service may not be suspended while your complaint is being investigated and legal action may not be taken to collect the money.
• Calls to the complaint line must be free and must be answered within three minutes.

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Icasa also provides consumer advice and has the following tips for consumers:

Choosing a service provider

Consumers have the right to choose the service provider that they prefer or like. But before deciding on a mobile operator, consider:

Network coverage

Icasa says reception or coverage in your area is an important factor and there are a few things you can do to find out whether a phone will work properly in your area. Talking to friends, family and neighbours about the provider they use and whether they are satisfied with the service. Most service providers have coverage maps you can use to make sure you are covered.

How much will you pay?

The cost of the service will include:

• Cost of calls. Check how many free calls you can make during a month and whether you carry unused credit over to the next month
• Cost of text messages (SMSs). How much do you pay for this service and how much when sending text messages to other network operators?
• Cost of the handset. Find out from the mobile operator if the handset is provided free of charge and compare prices with other network operators. Also check the features and determine whether you need them or not as they often come at an extra cost.
• Cost of downloading data.
• Cost of handset insurance. Check with the mobile operator whether the package you choose comes with free insurance or not. If not, get insurance details and the costs associated with it.

How are calls charged?

With everyone on a tight budget these days, it is important to know how your service provider charges you for calls. Calls are usually charged in one of these ways:

• Unit based. The duration is calculated in units. Units may differ from one service provider to another and from one network to another.
• Second based. Calls are charged according to the seconds spent on each call.
• Minute based. The call duration is rounded off to the next minute. For example, if your call lasted 1 minute and 15 seconds, it will be charged as 2 minutes.

It is also important to note that different times of the day are charged differently, Icasa says. Most service providers divide the day into peak and off-peak periods and peak periods will have a higher charge, while there could also be a cost difference between weekday and weekend call rates.

Quality of service

You might also want to check whether the mobile phone company has a good reputation for customer service. Ask your friends and family for recommendations. Find out how easy or difficult it is to get through to a service provider’s call centre if you have a customer service query.

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Choosing the right handset

Operators sell a variety of mobile phones that work with their service and sometimes offer free or discounted phones as part of their promotions. When choosing a phone, ask yourself:

• Does this handset give me all the features I need, for example, caller identity and internet services?
• Is it the size phone I want?
• Will I be paying for a lot of features and specifications I will not use?
• Is the phone easy to use?
• Can the phone be repaired or replaced if something goes wrong?
• Can the phone be replaced if I lose it or if it is stolen?
• Do I need to get the phone insured and how much will that cost?

It is important to consider your budget before choosing a service provider and package. Icasa reminds consumers that some packages and phones are more expensive and you must check that you can afford it first as you will probably be getting yourself into a two-year contract.

Can your service provider change the terms and conditions of your contract?

Your service provider can change the terms and conditions of its service, including changes to its prices it charges, but by law it must notify you of the changes within a fair and reasonable time first.

Insuring you cellphone

Some service providers offer insurance for cellphones if you sign a service network-connection agreement. Cellphone insurance usually covers loss, accidental damage and theft. However, sometimes the insurance does not cover the mobile phone if it is damaged or stolen when left unattended. Always read the terms and conditions and check the insurance policy for exceptions or exclusions when a claim will not be paid, cancellation fees, the cost of premiums, if an excess amount is charged when you claim.

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Cellphone warranties or guarantees

Handset manufacturers guarantee their handsets against any faults occurring within a specified period and network service providers guarantee connection to the mobile phone network. A warranty allows you to return something you bought and get a refund, replacement or repair if the item is defective or faulty, does not match the sample or description you saw and does not do what the seller said it can do.

Where to complain

Icasa’s Consumer Affairs unit handles consumer complaints. You can complain at Icasa if your service provider fails to resolve your complaint. Icasa advises consumers to keep records and documentation when they complain and make sure that they have exhausted all internal channels for complaints before calling Icasa’s complaints department at 011 566 3000.