Have you read your T&Cs?

[cyrillicguy]

More often than not, once someone starts complaining about being treated unfairly by their provider, the reply to that is "Well, have you actually read your Terms and Conditions?". What's even more surprising is that we often hear such a reply from someone who is basically on the same boat with a complainant, i.e. a customer. 

Makes me wonder...

I mean, it's hard to argue with the "it's in the T&Cs" point. However, what happened to fair treatment, fair advertisement, situations where we are getting told one thing only to discover that the T&Cs tell us something completely different.

Ok, let's imagine me coming into one of the O2 shops to get a new contract. The salesman does his pitch and I'm sold. Did he perhaps take his time to outline the points in the O2's T&Cs which would make me think twice before commiting myself to a purchase? Did he buck!

So, what should I do? Maybe I should ask him run through the every single word of the T&Cs with me, explaining everything in plain English. "What does that mean?" "What about that?" "Oh, and this one, can't really understand what this is about, would you explain please?" "Can I take it with me so I can show it to my solicitor and bring it back later?" How long would that take? How would that affect their sales process? How would that annoy them (no less than us, customers, are annoyed when getting no service etc. I bet you) What if the next customer did the sam? And the one after him? And the next one after?...

If only everyone done that, how brilliant would that be, eh? Who knows, it might even start the whole new era of non-misleading advertisement, clear and honest product description... who knows...

Ever hear of the term "Italian Strike"? Google for it, you'll know what I mean.

These folks with "have you read your T&Cs" answers... are they the ones who read the T&Cs every time they install an app, click on a link, buy a lightbulb or hop on the bus or train?

Are they?

[Anonymous]

There's a general issue for Ts and Cs - they're getting longer and longer.

Who'se going to read -and take the time to fully understand- 15 screens of legal text just to download some lightweight single purpose App?

Not many.

But this is a big security risk; if the code does more than it says on the box, but conforms to what you've agreed by clicking "accept", you may have no legal leg to stand on if you find your copyright and or privacy has been violated or unwanted material incl software installed on your systems.

It seems to me there's a big role for national and international standards organisations to provide a really useful service by producing a small number of standard modules to cover the important aspects of Ts and Cs for the variety of circumstances current in end-user IT - these modules could be independently reviewed and assessed so that users would know what protection and/or liabilities each particular one provided.

Something along these lines could cut verbiage by 95% in most cases, where the relevant modules would simply be referenced, and save small organisations a heap of lawyers fees...

But given the lack of borders in the cyberworld, they would be best standardised internationally. At least ideally.

[Anonymous]

An interesting topic that I am sure we could discuss and debate for many days to come. 

The lawyers amongst you will I am sure be aware of the legal concept known as "the reasonable man" or "the man on the Clapham omnibus" - but with the advent of the WWW and easy access to all sorts of legal advice and reports people have become very litigious. This, combined with the encroachment of the "Nanny State", has of necessity driven businesses to be ultra cautious when drawing up such documents as T&Cs.  

As has already been said it is incumbent on us the customers to satisfy ourselves that we know exactly what we are getting into when we purchase from O2.  

And if I may just veer slightly off topic for a moment,   I venture to suggest that if customers took a little more care in pre-purchase research (and a lot more care post-purchase - for example to read the operating instructions for their new device)  then the number of calls for help that O2 faces might be reduced to a level where they could in fact cope instead of being totally overwhelmed?

I hasten to add that I have not always practised what I preach in that respect.

[cyrillicguy]

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@Anonymous wrote:

An interesting topic that I am sure we could discuss and debate for many days to come. 

The lawyers amongst you will I am sure be aware of the legal concept known as "the reasonable man" or "the man on the Clapham omnibus" - but with the advent of the WWW and easy access to all sorts of legal advice and reports people have become very litigious. This, combined with the encroachment of the "Nanny State", has of necessity driven businesses to be ultra cautious when drawing up such documents as T&Cs.  

As has already been said it is incumbent on us the customers to satisfy ourselves that we know exactly what we are getting into when we purchase from O2.  

And if I may just veer slightly off topic for a moment,   I venture to suggest that if customers took a little more care in pre-purchase research (and a lot more care post-purchase - for example to read the operating instructions for their new device)  then the number of calls for help that O2 faces might be reduced to a level where they could in fact cope instead of being totally overwhelmed?

I hasten to add that I have not always practised what I preach in that respect.

One of my points actually was not so much about the importance of reading your T&Cs - it's vital to read them, this one is hard to argue with - but rather about...emmm..."the system" been built around consumers in such a manner that idirectly discourages them to do so.

The shops, such as O2 shops could, perhaps, act as a virtual example of this. I've imagined a hypothetical situation where every and single customer in a shop is reading the relevant Terms before signing up for a contract. Not just reading, perhaps, but asking questions along the whole process. How would that affect the whole business such as the O2 shop? My suspicion is that it would turn their world totally upside down, and that's for a simple reason - I suspect when they plan their work days, sales targets, staffing levels, etc. hoping... no, not hoping, I'd even say taking for granted the consumer's unwillingness to read into the T&Cs. 

And that's the thing - you'd think any honest and upfront retailer would ENCOURAGE you to read them, right? As well as more than happy to explain any uncertain bits, right? Well, so you know what you're about to sign for n stuff, right?

[Anonymous]

And that's the thing - you'd think any honest and upfront retailer would ENCOURAGE you to read them, right? As well as more than happy to explain any uncertain bits, right? Well, so you know what you're about to sign for n stuff, right?

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Very interesting discussion guys. Really interesting to hear all your opinions!

I agree with your last paragraph and I think encouraging people to read the T&C should be done more often. I'll share your thoughts with the rest of the team.

[jonsie]

On a busy Saturday afternoon I'm sure the last thing an agent wants is for a customer to take 15 minutes running through the t&cs.  Sign here and next please! It's up to us as customers to read and digest before signing anything but the option to read them should be given. Too easy to just tick a box and sign in this in this age of ready meals, fast takeaways and live on the edge lifestyle some people adopt.

[MI5]

They should at least be read once the customer is at home so if there is anything they really don't agree with they can return the phone and cancel within the 14 days.

[jonsie]

I agree but it's so obvious from the threads on here that many don't bother until a problem or unexpected charges rear their head.

[Toby]

A very good point of discussion @cyrillicguy and I'm glad everyone is getting involved, please continue and I'll creating a report of all of your points to pass to the rest of the team.