The Communications Ombudsmen unsurprisingly came down on O2's side, given that O2's terms and conditions let them stop non-core services such as Tu. But I'd already left.
Case record
Date complaint made 19/10/2017
Service type Mobile Telephony Contract
Complaint summary I am Deaf. I rely on text messages. I am also disabled. I spend several weeks a year at a respite care facility that has no mobile phone reception on any network, but it does have Wifi. When I am in that facility I therefore use TuGo, which is a service by which O2 mobile phone customers can send and receive text messages over Wifi (and, for those who can hear, phone calls as well.) I renewed this contract for two years, in September just gone (2 months ago). O2 recently announced that they are terminating the Tu Go service from the end of November 2017. As a result there will no longer be any mechanism for receiving SMS text messages via Wifi after that date. Whilst they offer WiFi calling, it is possible to send SMS messages "from" a mobile number via e.g. Skype, but it will not be possible to receive SMS messages over the Internet. This will have the effect of cutting me off from communication whilst I am away on respite. Stopping Tu Go whilst not having an alternative mechanism for receipt of SMS over Wifi is a big problem for deaf people like me. Alternative mechanisms only work if the person is signed up to them. The benefit of SMS is that it is universal: if you have a mobile phone, SMS works. For example my Dad doesn't have a smartphone and can't run WhatsApp; his phone will do SMS. So alternative apps don't fill the gap. The ability to receive SMS whilst I am in network coverage does nothing to deal with the issues I have whilst away somewhere without any coverage, which I have to do for disability related reasons. They consider this an "additional service". It isn't an "additional service" to me or other deaf people, it is a core part of it. Cancelling the contract and returning the mobile will not enable me to send or receive text messages whilst I am out of coverage area.
Action taken 1) It is still possible to send and receive SMS texts without TuGo, via the mobile network 2) There are alternative mechanisms to send messages over Wifi, e.g. Whatsapp 3) The Terms and Conditions of your contract state that we’re able to discontinue any of additional services at any time 4) Offered to cancel the contract if I returned the phone.
Requested resolution Extend TuGo until their Wifi Calling system accommodates the SMS service, or find another way to enable me to use SMS whilst I'm away. Apologise.
Data protection acceptance method Web
Early Resolution Proposal
Revised Proposal • Confirm in writing it will allow you to return the handset and cancel the contract free of charge; and • issue an apology in writing in recognition of the time and trouble caused.
Proposal Rationale I have now completed my investigation of your complaint. In this letter I will explain what I found out during my investigation, what my conclusions are and if I require a remedy from O2. I also explain what the next steps are. In arriving at my decision I have considered the information provided from both parties. This includes the case file from O2 including case notes, letters and emails, It also includes your statement. You raised the issue to O2 on 18 October 2017 and it signposted you to our services on 24 October 2017. The complaint is issues relating to your O2 account. You say that O2 stopped removed the TU Go service, as you are deaf you rely heavily on this service to communicate by SMS which you are in a respite care facility. The first issue I will address is the withdrawal of the TU Go service by O2. You say that when you are in respite the care facility has no mobile signal and you rely on TU Go from O2 to communicate. This is a service which allows you to send and receive text messages over Wi-Fi. TU Go is an additional service provided by O2. It is within O2’s terms and conditions that it can discontinue and of its additional services at any time. You say that you renewed your contract with O2 in September 2017 for a 24 month period. It was a business decision to remove the TU Go application by O2, Ombudsman Services; Communications are unable to ask O2 to change this business decision. O2 suggested that you use an alternative service such as WhatsApp, as you informed O2 that you are unable to use this service, it offered to allow you to return the handset and cancel the contract free of charge. The second issue I will discuss is the customer service from O2. In its case file, O2 provided me with copies of the emails and letters that you both sent. You contacted O2 on the 18 and 19 October 2017. I can see that O2 wrote back to you on the 20 October offering to cancel the contract free of charge and addressing the issues raised. As you did not accept this offer, it sent a further letter on the 24 October to confirm its final position and signpost you to our services. In my view O2 addressed all of the issues raised and responded within a reasonable amount of time to the emails you sent. I did not identify any shortfalls in customer service from O2 and no further action is required on this point. To resolve the issue, you say that you would like O2 to extend TU Go until their Wifi Calling system accommodates the SMS service and provide an apology. I understand that this is a service that you currently rely on, however as previously mentioned, unfortunately we are unable to change O2’s business decision. As you agreed to the terms and conditions that it can discontinue its additional services at any time, I consider it reasonable that O2 allow you to return the handset and cancel the contract free of charge along with an apology for the time and trouble caused. Following investigation of your complaint, O2 is required to • Confirm in writing it will allow you to return the handset and cancel the contract free of charge; and • issue an apology in writing in recognition of the time and trouble caused. You now have to decide if you accept my resolution in full and final settlement of your complaint. Please provide a response within 14 days of the date of this correspondence.
Decision • Confirm in writing it will allow you to return the handset and cancel the contract free of charge; and • issue an apology in writing in recognition of the time and trouble caused.
Decision Rationale On 30 November 2017 I sent both you and O2 a letter outlining my review of this complaint. I invited both parties to comment upon my findings prior to me issuing my final decision. O2 agreed to the findings and you confirmed on 8 December that you had now cancelled the contract with O2. In view of your comments, I have reviewed the complaint. As detailed within my report, I consider it reasonable for O2 to withdraw the service as it is within the terms and conditions. However as a goodwill gesture O2 offered to allow you to return the handset and cancel the contract free of charge, which I considered to be more than reasonable. I maintain that this would be a reasonable remedy along with an apology in writing in recognition of the time and trouble caused. I maintain the remedies set out in my original report. We have now reached the end of our investigation process and there is no opportunity to appeal. You now have to decide if you agree to accept our decision in full and final settlement of the dispute.
