Data bundle expiry illegal

xeslaro said:
Voice calls are not sold as bundled packages. My understanding is that data bundled packages are sold off at a discount because of the limitations on them. Remove the limitation then the discount well be removed too. The alternative we have is no bundles at a premium price of R2/mb, we have choices.
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Vodacom has a once-off bundle where you pay R1499 for 2GB pm for 12 months. If you don't use your 2GB it will expire before the next month is allocated. Vodacom is aware they have a commitment of 24GB over 12 months, why limit it per month and not allow data to roll over during the 12 month period?

The cost for the above is R62 per GB compared to the normal R149. This proves there are benefits to the customer and supplier to buy & sell large bundles. Once the supplier knows what their future commitment is, the excuse of capacity planning falls away as they need to plan according to what they've committed to.

Please elucidate the limitations you're referring to.
 
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xeslaro said:
You contract for 20mb data in the knowledge it expires in thirty days - it becomes theft when you lose that portion of unused data?

Get with the programme, the argument is not what the position now is, but what it may become should providers be forced to allow unused data to expire in say three years. Your argument has the mentality of a Lonmin striker - let's strike for 6 months, for better wages, only to lose my job after 12 months. Great!
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Is there any other way to buy a bundle without the 30 day restriction? If not, then your don't have an argument.
 
xeslaro said:
Voice calls are not sold as bundled packages. My understanding is that data bundled packages are sold off at a discount because of the limitations on them. Remove the limitation then the discount well be removed too. The alternative we have is no bundles at a premium price of R2/mb, we have choices.
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The networks know that there are customers who don't have a bundle or it has expired/run out and the R2 will come into play. That's why it is so high (premium price as you acknowledge).

If the OOB rate were more reasonable, nobody would complain.

At the moment it appears to be a punishment for not buying a bundle.
 
Taranis said:
Is there any other way to buy a bundle without the 30 day restriction? If not, then your don't have an argument.
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Yes, with Cell C and Telkom Mobile. Valid for 6 or 12 months.
 
Captain-Justice said:
Good for you, Cell C. Let's see if Vodacon and MTN can beat that.
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You realise their normal bundles don't expire in that long? The one referred to above is a special one. They all expire in max two months depending on when you buy except for Voda's 30 day ones on prepaid.
 
xeslaro said:
You contract for 20mb data in the knowledge it expires in thirty days - it becomes theft when you lose that portion of unused data?
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So you have no problem with losing leave at work if you don't (or can't) take time off before it expires?

The law is clear on leave, it may not be taken away from you since you worked for it. If you pay for data, why should it be taken away from you? Can I get a refund for the amount I didn't use?

It is an unfair policy no matter what way you look at it. The "expiry date" on something you paid for is simply a loophole to rip you off. It's not a piece of fish that will go bad due to physical circumstances. Data/airtime/etc. is an abstract concept which can last forever.
 
Captain-Justice said:
Voda(con) is ripping us off by allowing data bundles to expire after 30 days. This is in violation of Regulation 63(2) of the Consumer Protection Act (CPA).

63. (2) A prepaid certificate, card, credit, voucher or similar device does not expire until the earlier of—

(a) the date on which its full value has been redeemed in exchange for goods or services; or

(b) three years after the date on which it was issued, or at the end of a longer or extended period agreed by the supplier at any time.

(3) Any consideration paid by a consumer to a supplier in exchange for a prepaid certificate, card, credit, voucher or similar device is the property of the bearer of that certificate, card, credit, voucher or similar device.

The standard reply from Vodacon is that paying for a data bundle from airtime is different than paying with a voucher and that section of the Act don't apply to them. Vodacon spin doctors/lawyers, listen to yourselves and ask if this is reasonable and in accordance with the spirit of the CPA! Just because the method of payment differs doesn't mean you can add your own spin to the interpretation of the Act! What the consumer paid for, remains his, irrespective if it was paid with a voucher, from airtime, cash or credit card. That is plain common sense and a consumer right vested in the CPA.

Another spin is that once the airtime is converted to a data bundle, even from a voucher, it is considered redeemed and not subject to Reg 62 of CPA anymore. Vodacon is knowingly confusing the consumer with 2 issues here. One is the period you're allowed to sit with the unredeemed voucher or gift card, [Reg 63(2)(a)] and the second the period of usage once redeemed. In the first case, the CPA allows for a period of 3 years before the voucher or gift card expires. The Act don't specifically refers to the second case as it's common understanding that a data bundle, just like airtime (which ironically don't expire) or any goods bought, is a service or goods the customer paid for and is available for consumption by the customer over a period of his own choice, not the supplier's choice. It cannot be compared to a gym membership that has agreed start and end dates! A data bundle service ends when the consumer has consumed all the data of the bundle, just as airtime expires when all the airtime is consumed.

Another spin is:
"We are selling access to a service and the reason for this is that Vodacom buys data transmission capacity on both local and international ‘pipes’ and pays for this capacity upfront whether it is used by customers or not.
By encouraging customers to purchase the right data bundle size for a specific time period, Vodacom know roughly how much capacity is required.
Without this model, Vodacom would have to buy more capacity, “which would result in customers paying much higher prices”. Also, if the operator were to underestimate its capacity needs, its network would become congested."

How ridiculous! So Vodacon, answer the following:
What does your stats show, how many customers buy data bundle vouchers now for use in 6, 12 or 24 months? From own experience, when one buys a data bundle, it's because you want to use it now, duh! The gripe from users is about that 100 or 200MB balance at the end of the 30 days they stand to lose. This will actually cause congestion as everyone with a balance will try using their balance at month end before it expires.

Vodacon will also not know if a voucher still sits on a shop shelve or if it was bought but not redeemed. So there goes their argument of capacity planning.

You don't need to accept this unethical business practice anymore. Download the complaint form
http://www.nccsa.org.za/images/pdf/NCCComplaintFormDOCcomplainform2012.doc
and submit a complaint to the National Consumer Commission. Email to [email protected] or alternatively to ICASA [email protected]
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You mean expire after up to 60 days (lowering as you approach the end of the month, with 31 days usage if you buy at the end of the month). If you want to complain get you facts right...
 
supersunbird said:
You mean expire after up to 60 days (lowering as you approach the end of the month, with 31 days usage if you buy at the end of the month). If you want to complain get you facts right...
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It doesn't change the story. (Why do defensive in any case?)
 
Bar0n said:
So you have no problem with losing leave at work if you don't (or can't) take time off before it expires?

The law is clear on leave, it may not be taken away from you since you worked for it. If you pay for data, why should it be taken away from you? Can I get a refund for the amount I didn't use?

It is an unfair policy no matter what way you look at it. The "expiry date" on something you paid for is simply a loophole to rip you off. It's not a piece of fish that will go bad due to physical circumstances. Data/airtime/etc. is an abstract concept which can last forever.
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As I stated earlier, you have a choice - service providers are not forcing you to buy their products. When you type the USSD code to purchase a bundle you do so knowing what the terms are, and to my knowledge the service providers don't renege on the agreement, ever! If they did, I'm sure you would find remedy in the law. Alternatively, remain OOB and you will never experience expiry dates, simple.

Why enter into these agreements and then bitch about them afterwards. I just don't get what the fuss is about. I would understand if you were halfway through a two year contract and the terms are amended unilaterally to your detriment.

If it weren't for expiry dates I'm pretty certain my Afrihost 7gb bundle would exceed the R197 price point.

There are many examples where businesses stipulate expiry dates, from bus coupons to ushaka wet and wild tickets. If I were to use examples of some of the analogies in this thread, then I shall be entitled to demand from DSTV a refund for the days I don't watch TV, or an extension for those days I miss out on.
 
It's a commodity like electricity or water, there has to be limits on forward buying.
 
xeslaro said:
As I stated earlier, you have a choice - service providers are not forcing you to buy their products. When you type the USSD code to purchase a bundle you do so knowing what the terms are, and to my knowledge the service providers don't renege on the agreement, ever! If they did, I'm sure you would find remedy in the law. Alternatively, remain OOB and you will never experience expiry dates, simple.
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Just because the cartel of service providers all force expiry dates, we should just accept it? We have no alternative other than ridiculous OOB rates as you state yourself. Maximum power to the consumer, I say.

Thankfully we live in a country where the consumer is (generally speaking) placed above corporations, and I have a feeling that laws will change in our favour, as they already have.
 
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