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Mobile phone cashback fraud/possible class action

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PostPosted: Fri Mar 07, 2008 8:59 pm    Post subject: Mobile phone cashback fraud/possible class action  Reply with quote

An increasing number of consumers who have been cheated out their contractual cashback with mobile phone contracts are now considering class actions against the network providers. The network providers have of course successfully so far distanced themselves from what they claim are totally separate contracts with their agents/distributors. Although most consumers who have been ripped off so far seem to have accepted the networks declarations of non-liability, there is now an increasing realisation that since it was the networks who appointed their agents/distributors, and that the only contract entered into on behalf of the network was via their own agent, the neworks do have a vicarious responsiblity and liability for the contracts entered into via their agents in all their respects, including contractually agreed cashback; additionally it seems that in most cases it was the networks themselves who pushed the increasingly low probable cashback claim business model to their agents/distributors, so as to gain additional connections to their networks, but it was these new relatively high-risk business models which have led directly to the collapse of an ever increasing number of their agents/distributors, and consumers thus  being denied the cashback due under the contract.

To attempt action against the networks on an individual basis would be high-risk and costly. However a number of cheated consumers have begun to get together to pursue class actions directly against the networks. Clearly, in the event of litigation success only those consumers directly participating in the class actions would retrieve their cashback entitlements and costs. Anyone not participating in any action would not recover any of their cashback as a result of this.

Any consumer interested in participating should in the first instance contact Lola Borró on a special e-mail address set-up for contact: phonestoudirect.classaction@yahoo.co.uk. Although this is stated as relative to one agent only it is intended to cover all the affected networks regardless of whatever agent a consumer actually obtained their contract from for the particular network. More information is given on her website:  http://phones2udirect.tripod.com.
Ofcom are ineffectual
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PostPosted: Tue Dec 24, 2013 5:47 am    Post subject: Reply with quote

I would have thought that any organisation would avoid provoking a bigger problem unless the libel was clear.

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