A Challenge to Vodacom

I have been using Vodacom as my cellular provider since round about the time the ark ended up somewhere on Ararat.

However this unhappy business relationship will be ending at the end of June if Vodacom cannot accept this challenge!

Why would a reasonable longstanding client be considering moving away from Vodacom.

What would their CEO Pieter Uys do if Cell-C harassed him to use one of their products? Well I have about as as much use for a new contract and phone  as Pieter has for a Cell-C product.

But I do require a bit of privacy.

Let us take a step back and define what is not acceptable:

Spam is not acceptable.  Spam has been labeled the scourge of the internet. One of the issues linked to spam is that it transfers costs related to unethical marketing to the victim.

SMS spam is unacceptable. This form of marketing targets your mobile phone (that you pay for) to send you unsolicited marketing messages. Now here is the rub. Your mobile phone is just about always with you. This can lead to a serious invasion of privacy when you suddenly hear a BEEP-BEEP,BEEP-BEEP ....

Now, you could put your mobile on silent if you are an accountant, clerk or other 9-5 office worker, like a marketeer for example (hint,hint). But if you have mission critical 24x7 clients, this is not a luxury you can afford. Your clients need to contact you if the proverbial hits the fan and they need urgent assistance. In fact Vodacom themselves would not appreciate people like me putting my phone on silent should they require my services (hint, hint - again).

Now add marketing phone calls to your mobile phone and this can evolve in a serious privacy issue!

You sit in a meeting. BEEP-BEEP, BEEP-BEEP ... Vodacom SMS spam.

You have been working though the night, resolving an issue on mission critical sites (like those Vodacom has in ..., before penalties accrue. Yes I fixed it) and eventually crawl into bed dog tired at 9am in the morning. RING RING ... "Hello, this is So And-so from Vodacom. You are entitled to a phone upgrade if you renew you contract ..."

Vodacom, previously we had agreed I am old, mature and literate enough to know I can renew my contract and get a free phone. We agreed I have the right not to be harassed with you for not exercising this option, especially where Vodacom has bugged me so many times with that same piece of useless information. I have escalated it to make sure Vodacom does not bug me with this information or similar useless marketing (like Pieter Uys with the Cell-C product, that is how I feel about your renewal. Savvy?)

Now all this would have been fine, had I not specifically asked Vodacom to not contact me. But I did (hint,hint)!


If you put a little "X" in the no marketing contact box, it should mean no marketing contact. If that fell by the wayside? Yes, "life" happens and you are forgiven, but you are expected to fix the issue. So if you phone in and specifically ask not to be contacted with marketing, it means no SMS spam, direct calls or whatever our technologists may yet come up with (seems pigeons are feasible in South Africa as well).

Numerous calls to 082111 later I have realized this is not working. I started escalating the issue first via the customer service rep in the call centre,  then further, once being told I may not speak to the supervisor, I first have to try a call desk operator again ....  (Note the flawed logic? If is extremely difficult speaking to the same person twice)

PS: I am still waiting for the one supervisor to phone years later.

My conclusion: no effective internal escalation exists at Vodacom regarding unsolicited marketing if it is Vodacom themselves.

Further escalation followed over a period of time, also to outside parties that address these issues.

You receive Vodacom SMS spam - a WASPA complaint follows.
Surely Vodacom would start catching the hint?

Vodacom calls - a HelloPeter complaint where Vodacom is listed as a company who responds. The Vodacom response is a set reply. Another incident later, I am still waiting ...

In the meantime Vodacom is also giving your details to the in-company business partners. More unsolicited marketing follows.

Finally in desperation an email to ICASA follows:

Hello ICASA

I have yet to receive any acknowledgment or response from Vodacom regarding an ongoing issue of unwanted marketing by Vodacom disrupting my privacy and work environment.

In the past I have called Vodacom Customer Care and asked explicitly that that they do not contact me with marketing etc. I have tried escalating the issue. Vodacom's procedures every time is to first escalate to a shift leader, not directly to a supervisor despite previous complaints. However the supervisor does not always return the call. Call center operators are apparently not allowed to transfer you directly to a supervisor. Despite attempts, I have been unable to escalate this past a supervisor, despite their Code of Conduct making provision for it.

11.3.3 Step 3.  Customer Care Management

Should you still be dissatisfied with the resolution offered, the Customer
Care consultant can refer you to the following:
o  The Customer Care Centre Team Leader or Supervisor
o  The Customer Care Manager
o  The Customer Care Executive Head of Division.
11.3.4 Step 4.  Executive Management

Failing satisfactory resolution, written complaint can  be sent to the
Managing Executive in charge of Customer Care via the following:

Post:
Attention: The Managing Executive
Vodacom Customer Care
P O Box 3306
Cramer View
2060
Facsimile: (011) 546 9687
Email: me-customercare@vodacom.co.za 

In the past Vodacom Customer Care has promised to remove my name from their marketing database.

However a previous call lodged on HelloPeter, complaints lodged with WASPA (SMS marketing) bears testimony to this not being done.

On the 19th of Aug 2010 I once again received a telephone call from Vodacom to tell me my contract has expired and I am entitled to a new handset etc. At this stage I was in a meeting. Unfortunately I am not in a position to switch off my cellular phone due to the nature of my work. Considering the steps I have gone to in the past to try and stop these "communications" from Vodacom, I find Vodacom's procedures totally unacceptable, especially in the light of all I have done to stop these calls and I had agreed previously with Vodacom that I am mature and responsible enough to know that my two year contract has expired and that I will decide when I require a new handset on a new contract.

I also phoned Customer Care once again, but was not able to get past the team leader. I am still waiting for a call from the supervisor that was not available at that time.

I also emailed me-customercare@vodacom.co.za, Vodacom's Managing Executive of Customer Care. No response was received.

I lodged a complaint on HelloPeter. Despite the set reply of  attempt to resolve all queries within 2 working days", no response was received further.
http://hellopeter.com/report_redirect.php?id=447240

Indeed, looking at HelloPeter shows I am not the only party complaining about Vodacom's abusing marketing practices:
http://www.hellopeter.com/comp_report.php?company=Vodacom&problem=17&noconversions=1&period=365

Since I have taken more than all reasonable steps available to me and as I have made Vodacom aware I do not wish this type of contact, and since it is continuously ignored with little resolution, I am now turning to ICASA in an attempt to put a leash on the Vodacom marketing machine and protect the public.

Thank you

Kind regards

Now surely that will do it? Nope: http://www.hellopeter.com/vodacom-complaint-%5B576136%5D

Now let us take this one step further. Vodacom allows for sharing their "marketing" lists internally in the company. Exactmobile has bugged me and the source was traced back to Vodacom (oh, the lovely ECT ACT).

Years back, before Vodacom started their unethical marketing campaign, I renewed my contract via Game (I moved to VodacomSP way back after that). Since this business relationship existed, Vodacom decided to send Game my name and Game is bugging me with SMS and voice calls, trying to sell me a new contact. Game has been reported to WASPA once, a direct escalation to their marketing department followed on another occasion. In that instance, despite an email from Game apologizing for this, today I received another phone call today from Game where they were trying to sell me an upgrade! Previously I had confirmed they received my details from Vodacom. Today I spoke to their Game's marketing director: my details originated from Vodacom as being an upgrade candidate!!! Only last Friday I took Vodacom to task again regarding their marketing.  

But Vodacom knows I do not wish to receive this kind of privacy invading marketing!

So where does that leave me, an average Joe?

What does ICASA say:

Q7. What are my rights as a user of the electronic communications services / products?

Answer: Some of your rights are enshrined in the service agreement entered into between yourself and the service provider. Ensure that you read and understand the agreement before you sign it. The service agreement may also be enshrined in conditions of sale in a SIM pack for the pre-paid customers.
However, there are a number of rights which may not be contained in the service agreements and these include:
   a) Provision of information:  You have a right to receive clear, and complete information about rates and conditions for available and proposed products and services from service providers.
   b) Right to choose: You have a right to affirmatively select a service provider  / service that you like.
   c) Right to Privacy: You have lawful   choice to personal privacy which should be protected against unauthorized access to or use of personal conversation or information.
   d) Right to quality service: High Quality, reliable service: You have a right to high quality, reliable service.
   e) Timely, accurate bills and redress: You have a right to accurate and understandable bills for services consumed and to fair, prompt redress for problems related to bills or that may arise during the use of services.
   f) Lodging a complaint: You have a right to make a complaint with your service provider.

(highlight in red my own)

Previously I had a bit of an issue under the ECT ACT as I had a pre-existing business relationship with Vodacom and this allowed Vodacom to spam and harass me with marketing.

However, the law changed recently when the average Joe in South Africa was afforded more protection under the new Consumer Protection ACT.

Let us have a look at what the law says as it relates to marketing vs privacy:

 Consumer’s right to privacy

Right to restrict unwanted direct marketing
11. (1) The right of every person to privacy includes the right to—
 (a) refuse to accept;
 (b) require another person to discontinue; or
 (c) in the case of an approach other than in person, to pre-emptively block,
any approach or communication to that person, if the approach or communication is
primarily for the purpose of direct marketing.
(2) To facilitate the realisation of each consumer’s right to privacy, and to enable
consumers to efficiently protect themselves against the activities contemplated in
subsection (1), a person who has been approached for the purpose of direct marketing
may demand during or within a reasonable time after that communication that the person
responsible for initiating the communication desist from initiating any further
communication.
(3) The Commission may establish, or recognise as authoritative, a registry in which
any person may register a pre-emptive block, either generally or for specific purposes,
against any communication that is primarily for the purpose of direct marketing.
(4) A person authorising, directing or conducting any direct marketing—
  (a) must implement appropriate procedures to facilitate the receipt of demands
contemplated in subsection (2); and
  (b) must not direct or permit any person associated with that activity to direct or
deliver any communication for the purpose of direct marketing to a person
who has—
   (i) made a demand contemplated in subsection (2); or
   (ii) registered a relevant pre-emptive block as contemplated in subsection
(3).
(5) No person may charge a consumer a fee for making a demand in terms of
subsection (2) or registering a pre-emptive block as contemplated in subsection (3).
(6) The Minister may prescribe regulations for the operation of a registry
contemplated in subsection (3).

This act came into effect on the 31st of March 2011.

I can link two marketing contacts linked to Vodacom where I have been contacted as a potential "contract renewal client entitled to a free phone" since the 31st of March 2011, where Vodacom is fully aware that I do not wish to receive such junk calls or SMSes.

So, by Law Vodacom has violated my legal rights twice in this period already!

In the interest of my fellow South African Joes and Janes, I will be making Vodacom aware of this email and I am inviting them to respond conclusively as to how they are going to resolve their (not so) little privacy abuse issue.

If no conclusive answer is received by the end of the month, it can only be assumed that Vodacom has no interest in protecting your privacy when it comes to their internal marketing menace.

As sudden though! Heaven help us. Vodacom is required by law to now collect all the RICA info. Is this also going to be used for your unsolicited marketing as an added bonus to their valued clients?

At this stage I can go back to ICASA and follow ICASA formal complaint precdures, I can go to a consumer court, or I can challenge Vodacom to put a leash on their marketing.

Vodacom, my challenge to you:

Please consider I was your loyal client and have been operating for a while with a contract that has expired, running from month to month, and I am still with you, a loyal client where you have never had payment issues. Surely this should say something?

I do not want to renew my handset by renewing my contract. Likewise I do not want to participate in your competitions or any marketing you may devise from time to time. 


Accept the below terms and we can change this into an opportunity for the good of South Africa.

• Undertake to respect my privacy.
• Should this not be the case, you will donate R1,000.00 (one thousand rands) to a legal cause of my choice. 
• On a second invasion of privacy, this doubles to R2,000.00 
• This amount keeps doubling every time you invade my privacy.
• Elected causes may or may not be tax deductible, but will be legal and in the general public interest.
• This donation should occur in 30 days of the invasion of my privacy. 
• All instances of the invasion of privacy will be noted here or a website that may be specifically established for this purpose at my own costs.
• All my elected causes will be noted here after previous invasion of privacy.
• All acknowledgement of payments to elected causes will be noted here upon receipt of payment.

Reject it and I was your customer.
 
An update is to follow....