Dutch Consumers’ Association loses in summary proceedings against T-Mobile and Vodafone.

The Dutch Consumers’ Association lost its case in summary proceedings against T-Mobile and Vodafone. The providers do not misuse the invoicing system. The Consumers’ Association must publish a rectification. According to the Consumers’ Association T-Mobile and Vodafone act unlawful by misusing a reverse billing system. Without verifying the consent of the end-consumer the costs for receiving unrequested text messages are being set off. The Consumers’ Association is of the opinion that providers cannot fulfil this function. The Consumers’ Association claims i.a. an injunction and repayment to the end-consumers. The judge rules against the Consumers’ Association. The Consumers’ Association failes to demonstrate sufficiently that T-Mobile and Vodafone misuse the invoicing system. According to the judge an injunction is too far-reaching. That also applies to the repayment to end-users. Collected amounts have already been returned to customers who have complained with good reason. The providers have promised to continue doing so. Furthermore it is not clear whether the other, remained unknown end-consumers did wrongly pay for received text messages. Besides these end-consumers have not felt the need to reclaim the collected amounts. Bitter for the Consumers’ Association. Moreover since it is ordered to rectify a tendentious press report in which the summary proceedings were announced. However, the Consumers’ Association is still positive. Through politics the Consumers’ Association believes that it will still win the war. Find the decision here. Kim Braber

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