Case Study 3

Complaint: After seeing an advertisement promoting ring tones for mobile phones obtainable from a 190 service, Mr C rang the 190 number to place his order. He followed the instructions as outlined in the advertisement and on the service, but did not receive the ring tone on his handset. He later received a bill from his telephone company showing that he had been charged $15 for the call.

Action taken: Mr C then contacted 190 Complaints, complaining that the product he had ordered and been charged for had not been received. 190 Complaints investigated the service by ordering a ring tone, which was not subsequently received. The Arbitrator wrote to the 190 service provider responsible indicating that on the basis of Mr C’s experience, and our investigation, the service may be in breach of paragraph B.1.2 (misleading content) of the Code of Practice, as the product as ordered on the service was not received, despite all the correct steps being followed.

The service provider responded explaining that the service had some problems, which prevented callers from receiving their ring tones. All complainants were being refunded, and the problem had been fixed.

The service was found in breach of paragraph B.1.2 of the Code of Practice, the complainant was refunded for the cost of his call by the 190 service provider, and the service provider fixed the problem on the service.