THE operators of global system for mobile (GSM) in the country especially the South African telecommunication giant, MTN-Nigeria, are either bent on compelling its value added services on their customers, or determined to be enriching themselves by them through calculated countless flash messages with subscriptions, not minding that every valid contract follows a laid down procedures. Or perhaps, the service-providers know better than their customers and therefore take decisions for them as the ultimate boss.
Virtually all days and nights, MTN customers receive incalculable flash messages from the network introducing various services. Sometimes it comes as sports, games, songs, jokes, current affairs, religious related, etc. At the end of such flashes is the amount to be deducted if the subscriber clicks ‘Ok or Yes’ on the handset. It doesn’t matter if the customer doesn’t need the service, the moment any button on the handset is touched after the arrival of the message, deduction commences immediately and endlessly. It could be a child touching the handset or even any object or while in the pocket. It could also be when browsing, using short-message-service or taking a snapshot. The moment a flash message arrives, any touch of a button or on screen for screen-touch brands, perhaps to return to prior engagement, the rest is history. The instant result will be an alert; ‘you have subscribed’ with instant deduction or it queues for deductions patiently waiting for next recharge except the customer cautiously pressed on ‘NO’ button.
For those not sensitive to notice the subscription notifications, the deductions run in perpetuity until fortunate to discern. Another bad side is that once deduction is made, it is nonrefundable; at most, it will be deactivated at the point of complaint after several deductions. The question begging for answers is; how could ‘Ok’ imply acceptance of offer or customers decode what the “OK” implies how much less rural market women, aged persons and illiterate persons that are unable to read except to make calls? Besides, the term ‘Ok’ craftily put at the end is relative; could be perceived as ‘seen, read, noted’, etc, and above all, unlikely not be observed if not meticulously read down.
Imagine where such flash messages are strategically pushed to millions of subscribers and N20, N50 or N100 as usual, are deducted, I leave the calculations for the Nigerian Communication Commission (NCC). In a civilized society, to subscribe to value-added services, designated codes are sent to corresponding locations and not “OK” so that whoever wishes to subscribe can willingly and calculatedly sign up. NCC must meet up to expectations and discharge its statutory duties proactively, efficiently and effectively.
It is a trite law that there are requisite elements in any valid contract; offer, acceptance, consideration, mutuality of obligation (mutual interest) and capacity, and any ambiguity surrounding them can lead to voidance of the contract. Thus, any offer with ‘Ok’ or ‘Yes’ as a means of acceptance is ambiguous, erroneous and should be reviewed without any delay.
Again, the Do-Not-Disturb (DND) mechanism as a means of deactivating a particular subscribed service available in MTN network is insufficient as majority of customers does not have apt knowledge of them and therefore cannot activate them. How would the masses especially uneducated subscribers understand the flash messages or the DND system? The DND is completely out of it as it is smartly setup as cover-up against the malicious deeds. My unwavering point is that mere ‘Ok or Yes’ in flash messages is inadequate for acceptance in a valid contract. Besides, flash messages cannot be a valid point for acceptance of offers but only suitable for advertisement of goods and services. To subscribe to the advertised services, it is obligatory and indispensable that a code must be provided so that willing customers can activate or subscribe to the services with no form of coercion. The existing design is Machiavellian, exploitative and manipulative. It implies that all that is needed is to sponsor programmed flash messages with subscription rates and push to a good number of customers, then watch for how many would fall to the tricks and then bank alerts will begin to accrue for sharing between the sponsors and service provider.
In conclusion, the NCC as the regulatory body should step into actions to stop these aberrations by GSM operators without further delay. Corrective actions should be put in place as huge amounts running into millions of naira are realized seriatim and continually through the scheme at the detriments of the masses. People must exercise their rights to willingly elect value-added services rather than the duplicitous trends. In several occasions, customers hard earned monies were deducted over unsolicited value added services which they never subscribed. More worrisome is where airtimes are borrowed in critical situations but ended up deducted as accrued subscriptions over these value-added services. All earnings by service providers in conjunction with their third-party sponsors on forceful subscriptions are scams. The scheme is a blunder, grotesque and highly orchestrated fraud.
Source: G9ija
No comments:
Post a Comment