o2 excessive usage

[momon121]

Hi

 

my friend regularly sends over 6k sms from his mobile phone. Today he has received a letter from the head of consumer marketing that they will close his account due to excessive usage which goes against the terms and condition?

 

he has not received any prior warnings regarding this matter and regularly sends sms within that region.

 

He has no issues with any payment, he is baffled that the letter has turned up out of the blues. Can the operator do that without any warning? what rights to this customer have in a situation like this?

 

kind regards

[BazzaS]

Hi

 

my friend regularly sends over 6k sms from his mobile phone. Today he has received a letter from the head of consumer marketing that they will close his account due to excessive usage which goes against the terms and condition?

 

he has not received any prior warnings regarding this matter and regularly sends sms within that region.

 

He has no issues with any payment, he is baffled that the letter has turned up out of the blues. Can the operator do that without any warning? what rights to this customer have in a situation like this?

 

kind regards

 

Looking at http://www.o2.co.uk/termsandconditions/mobile/our-latest-pay-monthly-mobile-agreement

 

6000+ over what time period ? 6000+ / month? (That would be about 200 a day)

 

I'm wondering if 6000+ SMS messages might fall into "(e) to persistently send automated unsolicited communications."

Who are the recipient(s)? Does he type each and every SMS individually?

[momon121]

Looking at http://www.o2.co.uk/termsandconditions/mobile/our-latest-pay-monthly-mobile-agreement

 

6000+ over what time period ? 6000+ / month? (That would be about 200 a day)

 

I'm wondering if 6000+ SMS messages might fall into "(e) to persistently send automated unsolicited communications."

Who are the recipient(s)? Does he type each and every SMS individually?

 

 

6000 would be over six months. These text messages to a group of people from his address book they are unsolicited messages and not used for spam or marketing.

[BazzaS]

6000 would be over six months. These text messages to a group of people from his address book they are unsolicited messages and not used for spam or marketing.

 

They are unsolicited? To people from his contact book?

So, how did he get the contacts??

 

Most people I text have given me their numbers on the basis they want me to be able to text them.

 

What is the pattern ? 30 a day sent one at a time? 500 at a time sent twice a month all at the same time?

 

"to persistently send automated unsolicited communications." isn't the only term he might have fallen foul of.

 

It sounds like a commercial service providing information or spam even though you say not. Without the detail I doubt you'll get a reliable answer and you haven't provided sufficient detail yet.

 

Perhaps with more detail someone else will be able to provide an answer : was the answer apparent to you (since you know the details) from the T's and C's? (whose URL I posted)

[momon121]

i can assure it is not commercial as i am one of them that receives those sms daily from him alongside other friends and family. There has never been issue like that, he does not have any businesses he is employed he normally sends group sms to quite a big group that possibly consists of 20 - or 30 people.

 

Even if he did fall foul on some t&c but normally they get warnings??

[momon121]

by the way i did forgot to include that before the groups sms has arranged he did get everyone's consent and i as i stated earlier all those that receive his text messages are only friends and family

[BazzaS]

by the way i did forgot to include that before the groups sms has arranged he did get everyone's consent and i as i stated earlier all those that receive his text messages are only friends and family

 

So they aren't "unsolicited" like you previously said.

[momon121]

as stated none of the sms are unsolicited and it is strange for o2 just send this letter randomly. Is whether anything we can do to argue what they intend to do with my friends account

[BazzaS]

as stated none of the sms are unsolicited and it is strange for o2 just send this letter randomly. Is whether anything we can do to argue what they intend to do with my friends account

 

.

These text messages to a group of people from his address book they are unsolicited messages and not used for spam or marketing.

 

I'm thus confused.

Are these unsolicited or not?

[momon121]

they are not unsolicited, sorry typo error. My friend sends motivational text messages from whom he has consent