Dear visitor,
Since its inception Vodafail.com has made a significant
contribution towards raising awareness of the problems and issues faced
by Vodafone customers.
Vodafone Australia customers have had the opportunity to voice their concerns, their fears and their troubles from every corner of Australia and beyond our borders.
You have gathered the courage to stand up for your rights as consumers and to make your voice heard.
Each and every person who shared their story should have a sense of pride in this achievement and the changes that have occurred since the start of Vodafail.com.
More recently, traffic to Vodafail.com has declined significantly.
Having achieved the goal of raising awareness and promoting concrete action in early 2011, we have now reached the point of closing Vodafail to new complaints.
The site will remain online for as long as possible as a
reminder and an example of what is possible when we share our experiences.
It has been a privilege to run this initiative
and I'm am forever grateful for the help and support I've received. In
particular I would like to thank Melissa, David and Travis for their
continued efforts over the past 15 months. I'm also thankful and humbled by the support of ACCAN, Choice magazine and a wide range of media outlets, blogs and websites.
You can still browse existing stories and find out how to file a complaint if you are experiencing problems.
Until next time,
Adam Brimo
Share Your Pain
| ACT (1140) | Everywhere (19206) | NSW (7557) | NT (170) | QLD (3578) | SA (987) | Somewhere else (224) | TAS (242) | VIC (3573) | WA (1735) |
11855 Someone from ACT thinks vodafone is Very at 10 Jan 2011 08:56:30 PM
http://www.accc.gov.au/content/index.phtml/itemId/909293/fromItemId/142
Vodafone Hutchison fixes faulty handset policy
The Australian Competition and Consumer Commission has accepted court enforceable undertakings from Vodafone Hutchison Australia as a result of an investigation into alleged misrepresentations about consumers' rights to a remedy for faulty mobile phones.
The ACCC was concerned that from 1 May 2008 to 8 June 2009 (prior to Hutchison 3G Australia's merger with Vodafone Australia to become VHA) Hutchison implemented a handset direction which involved staff making representations to its customers that the only remedy available to them for a faulty mobile phone was a repair.
Generally the only time a customer was able to obtain a replacement mobile phone was during the 'early life failure' period, which was normally 14 days after purchase.
VHA has since acknowledged that in making these kinds of representations it was likely to have breached the Trade Practices Act 1974.
"Hutchison created an untenable situation where consumers with 15 day old faulty mobile phones were told they were only entitled to a repair," ACCC chairman Graeme Samuel said.
"Suppliers of goods and services need to realise the Trade Practices Act implies certain statutory rights into consumer contracts. Mobile phone retailers need to know that often consumers' statutory rights will extend beyond the manufacturers' warranties.
"Statutory rights give consumers a basic, guaranteed level of protection for goods and services they acquire and such rights cannot be excluded or limited by suppliers. In fact, any representation by a supplier which seeks to limit the statutory rights available to consumers is illegal," Mr Samuel said.
The types of remedies available to consumers should be assessed on a case by case basis. For example, if a mobile phone is faulty the consumer may be entitled to request a replacement from the retailer rather than accept an offer of repair. Such a right is usually available for a 'reasonable time' after the consumer received the good. A 'reasonable time' depends on factors such as the cost and quality of the good.
To address the ACCC's concerns, VHA has undertaken for a period of three years to:
extend the 'early life failure' period during which replacement mobile phones are provided to consumers for faulty mobile phones manufactured by Nokia, Apple, INQ and Research in Motion (Blackberry) from 14 days to 28 days* after purchase
provide all customers who acquired a mobile phone (except for mobile phones manufactured by Apple) in conjunction with a service contract on or after 1 December 2009 an express repair warranty for the entire length of the customers' service contract. That means a customer on a 24 month service contract will receive free unlimited repairs if their handset is faulty for the entire two year period
provide all active pre-paid customers who acquired their handset on or after 1 January 2010 an express repair warranty for 24 months
provide all active pre-paid customers who purchased their mobile phone prior to 31 December 2009 an express repair warranty for a period of 12 months from date of purchase
take all reasonable steps to provide a loan phone to customers while their faulty phones are being repaired, and
take all reasonable steps to ensure repairs are completed in a timely manner.
*Significantly, VHA has expressly acknowledged there will be circumstances where a consumer is entitled to a replacement outside the early life failure period but prior to the service contract coming to an end. VHA's undertakings will apply to both its '3' and Vodafone customers.
"Everyday consumers across Australia have to deal with the inconvenience of a faulty mobile phone. Often the real frustration begins when the consumer takes the mobile phone back to their telecommunications provider for a remedy."
Common complaints received by the ACCC include:
consumers face long repair times, sometimes with no loan phone being provided
consumers experience repeated faults with their mobile phones but each time are told they are only entitled to a repair rather than a replacement, and
consumers being told that after the initial 12 month period in which the manufacturer's express warranty applies, no remedy is available; this is despite the consumer being locked into a 24 month service contract.
Mr Samuel said this undertaking sends a strong message to other mobile phone retailers that they need to lift their game.
"At minimum, they need to ensure consumers have access to a reasonable remedy for the entire period of their service contract.
"It is simply not good enough that a customer is tied into a service contact for two years when the retailer is only promising to fix a faulty mobile phone for the first 12 months."
Media inquiries
Mr Graeme Samuel, Chairman, (03) 9290 1812 or 0408 335 555
Ms Lin Enright, Media, (02) 6243 1108 or 0414 613 520
General inquiries
Infocentre 1300 302 502
Release # NR 004/10
Issued: 13th January 2010
Vodafone Hutchison fixes faulty handset policy
The Australian Competition and Consumer Commission has accepted court enforceable undertakings from Vodafone Hutchison Australia as a result of an investigation into alleged misrepresentations about consumers' rights to a remedy for faulty mobile phones.
The ACCC was concerned that from 1 May 2008 to 8 June 2009 (prior to Hutchison 3G Australia's merger with Vodafone Australia to become VHA) Hutchison implemented a handset direction which involved staff making representations to its customers that the only remedy available to them for a faulty mobile phone was a repair.
Generally the only time a customer was able to obtain a replacement mobile phone was during the 'early life failure' period, which was normally 14 days after purchase.
VHA has since acknowledged that in making these kinds of representations it was likely to have breached the Trade Practices Act 1974.
"Hutchison created an untenable situation where consumers with 15 day old faulty mobile phones were told they were only entitled to a repair," ACCC chairman Graeme Samuel said.
"Suppliers of goods and services need to realise the Trade Practices Act implies certain statutory rights into consumer contracts. Mobile phone retailers need to know that often consumers' statutory rights will extend beyond the manufacturers' warranties.
"Statutory rights give consumers a basic, guaranteed level of protection for goods and services they acquire and such rights cannot be excluded or limited by suppliers. In fact, any representation by a supplier which seeks to limit the statutory rights available to consumers is illegal," Mr Samuel said.
The types of remedies available to consumers should be assessed on a case by case basis. For example, if a mobile phone is faulty the consumer may be entitled to request a replacement from the retailer rather than accept an offer of repair. Such a right is usually available for a 'reasonable time' after the consumer received the good. A 'reasonable time' depends on factors such as the cost and quality of the good.
To address the ACCC's concerns, VHA has undertaken for a period of three years to:
extend the 'early life failure' period during which replacement mobile phones are provided to consumers for faulty mobile phones manufactured by Nokia, Apple, INQ and Research in Motion (Blackberry) from 14 days to 28 days* after purchase
provide all customers who acquired a mobile phone (except for mobile phones manufactured by Apple) in conjunction with a service contract on or after 1 December 2009 an express repair warranty for the entire length of the customers' service contract. That means a customer on a 24 month service contract will receive free unlimited repairs if their handset is faulty for the entire two year period
provide all active pre-paid customers who acquired their handset on or after 1 January 2010 an express repair warranty for 24 months
provide all active pre-paid customers who purchased their mobile phone prior to 31 December 2009 an express repair warranty for a period of 12 months from date of purchase
take all reasonable steps to provide a loan phone to customers while their faulty phones are being repaired, and
take all reasonable steps to ensure repairs are completed in a timely manner.
*Significantly, VHA has expressly acknowledged there will be circumstances where a consumer is entitled to a replacement outside the early life failure period but prior to the service contract coming to an end. VHA's undertakings will apply to both its '3' and Vodafone customers.
"Everyday consumers across Australia have to deal with the inconvenience of a faulty mobile phone. Often the real frustration begins when the consumer takes the mobile phone back to their telecommunications provider for a remedy."
Common complaints received by the ACCC include:
consumers face long repair times, sometimes with no loan phone being provided
consumers experience repeated faults with their mobile phones but each time are told they are only entitled to a repair rather than a replacement, and
consumers being told that after the initial 12 month period in which the manufacturer's express warranty applies, no remedy is available; this is despite the consumer being locked into a 24 month service contract.
Mr Samuel said this undertaking sends a strong message to other mobile phone retailers that they need to lift their game.
"At minimum, they need to ensure consumers have access to a reasonable remedy for the entire period of their service contract.
"It is simply not good enough that a customer is tied into a service contact for two years when the retailer is only promising to fix a faulty mobile phone for the first 12 months."
Media inquiries
Mr Graeme Samuel, Chairman, (03) 9290 1812 or 0408 335 555
Ms Lin Enright, Media, (02) 6243 1108 or 0414 613 520
General inquiries
Infocentre 1300 302 502
Release # NR 004/10
Issued: 13th January 2010
The fact that apple are controlling things beyond these recommendations is the strongest of examples that any phone companies hands are tied when it comes to repair warranties, now all the phone companies are having to pay an extra cost just cause the people that make the things wont conform, all any of the companies were doing was following the standard warranty agreement set down by the manufacturer.
They are feral.