BOUNCE.MOBI, O2 need to do more

[Anonymous]

I recently "interacted with a pop up advert" from a company called bounce.mobi. I have been subscribed at a weekly cost of £2.50 without my knowledge.

The interaction was as simple as pressing a button to remove the pop up, and this constitutes accepting their terms and conditions. I have a screenshot of the advert which has not got any option to decline or remove the pop up. If it pops up in an app, it cannot be removed even restarting the app. It is effectively ransomware.

I have contacted the phone charges content Authority, who are looking into my case, but after a discussion they advised me network providers such as O2 have a duty of care towards customers.

I cannot believe interacting with an advert that you can't clear constitutes accepting terms and conditions.

O2 must take some responsibility and protect their customers from unscrupulous 3rd parties who are exploiting O2 customers. After all the money is taken out of customers by O2, O2 should at least ensure that it's ethical.

O2 disagree with me, and I found O2 customer service shockingly poor when I called, accepted no responsibility and offered no advice. The very least that o2 should do is reffer customers to the mobile services content Authority.

[madasaf1sh]

If this popped up in an app take it up with the app developers as they are the ones who decide which advertising platform to use..

Also report it to the App Store you downloaded it from which all have a prominent warning when downloading freemium apps that they're are in app charges if you want..

Remember some people sign up for things using premium texts.

At the end of the day you downloaded the app and agreed that chargable things where included in the app, so tbh not a leg to stand on im afraid..

[Anonymous]

The app has many adverts, Mostly videos to watch this one particular advert could not be closed even by restarting the app. I think it gets complicated going after app developers because the adverts imbedded in them are often from other developers, and change.

I couldn't disagree more with not a leg to stand on, especially having obtained legal advice. A company has a duty of care. If any company enter you into a subscription without your knowledge as a consumer absolutely you should have the right to cancel the subscription and obtain a full refund. I paid for a service I did not use or even know I had. Madasaf1sh, if I took money from you without your consent or knowledge for a service that you did not use, you shouldn't have to be the one to prove that I acted unlawfully to get your money back. The banks sold PPI for years signing people up without their consent and it costs them billions when they were finally challenged in court.

I totally get people pay for stuff with premium texts or phone calls, but that involves calling or texting a particular number and is generally consensual.

By interacting with pop up adverts that alone cannot be taken as consent to a subscription service. Why do computer software installations ask you to click a check box to agree with their terms and conditions? You should have to reply to a text message to opt in rather than presumed consent.

[jonsie]

I totally agree with you @Anonymous, a company should be held responsible to protect their customers. Unfortunately there is little that networks can do in this type of scam.

In my opinion PSA should be totally accountable for their inaction in liaising with the government. There really has to be laws passed to make this illegal. After that large fines and imprisonment for guilty parties should be mandatory. What the hell is wrong with regulators and MPs? 

Yes a lot are based overseas but let there be international co-operation. What is wrong with the toothless European Community and why haven't they been involved in some way? I just find it appalling that nothing has been done over the many years that this legalised mugging has been permitted by apathetic governments the world over. 

[Anonymous]

Just a quick update.

Bounce.Mobi have agreed to a refund, they don't have a leg to stand on and rely on people's lack of knowledge of their consumer rights and general apathy of a complaint for a few quid.

I have declined receiving it via text message at the post office. I have requested that it is credited to my O2 account instead.

[jonsie]

That's great news, well done 😀

[MI5]

Thanks for updating us.

[Marjo]

Good to hear it got sorted!

[Martin-O2]

Glad to hear you had a positive result with this @Anonymous 

[Anonymous]

Update, been doing some research and have complained to Ofcom, here is a copy of my complaint. Feel free to copy and send it to your MP, OFCOM, PSAuthority etc.

I wish to exercise my statutory rights to a refund under s.45(4) of the consumer Rights Act 2015, for digital content provided by a company called bounce.mobi.

That is to say I wish to have a refund paid in the same method for which I paid for a service.

My refund is for phone bill premium rate content provided by bounce.mobi that I should not have been signed up for in the first place. The company have agreed to a refund and I point blank refuse any method of payment other than my statutory right to have it credited back to my O2 account.

O2 are unable to process the refund, so I wish to seek redress from O2, for removing my statutory rights.

My contention is that o2 claim they are not responsible for any charges incurred by customers as it is not their responsibility to regulate and they are simply facilitating other companies to provide a service that some might want.

O2 are under no obligation to facilitate any service, this is purely a matter of choice. s.45(4) of the consumer Rights Act 2015 is not a choice but a statutory right that has been taken away. O2 should not have provided the service at the expense of my statutory rights.