Captain-Justice
Banned
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- Jun 1, 2014
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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]
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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