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The TIO Handles Complaints about Mobile Phones
Q: What kind of mobile phone complaints can the TIO handle?
A:The TIO handles a wide range of complaints about mobile phones, including complaints about contracts, bills, coverage and network faults.
Q: Can the TIO help me cancel my mobile phone contract?
A: It is very difficult to cancel a mobile phone contract without penalty. A signed contract is binding on both the company and the customer, and it is the customer's responsibility to read and understand the terms and conditions of the contract before signing.
Unless a customer can make a good case that they were misled by the mobile phone dealer, it is difficult for the TIO to raise a formal complaint against the company.
Q: Am I required to notify my service provider to cancel my mobile phone contract once the minimum contract term has expired?
A: Yes. Responsibility falls on the owner of the mobile phone to know the length of the contract term. When the minimum term has expired, the customer should not assume that the contract has automatically lapsed. The contract remains valid until the customer has contacted the service provider, usually in writing, to advise them to terminate the contract. The customer is required to keep paying access fees until the contract is terminated.
Q: Is there anything I can do if my mobile phone isn't giving good enough coverage?
A: Mobile phone networks do not promise 100% coverage of Australia, and consumers should not expect that in remote areas and mountainous terrain that coverage will always be available. Consumers should also be aware that mobile networks have different coverage areas.
However, the TIO can investigate complaints where the consumer believes they have been misled about the coverage area. As a general rule, it is considered reasonable to cancel a mobile contract if there is no coverage at the user's place of business or residence. This of course only applies to a new purchase and not cases where an existing mobile user relocates to an area that has no coverage.
Q: Can the TIO direct my current service provider to improve mobile coverage?
A: The TIO does not have the power to instruct service providers to build new mobile coverage towers in areas that don't have pre-existing coverage. However, the TIO can investigate complaints about coverage decreasing or ceasing in an area where coverage pre-existed.
Q: Who is responsible for the cost of replacing a SIM card?
A: Once a customer begins using a SIM card, the card becomes the customer's responsibility. Unless the card was damaged or defective before the customer began using it, the customer will usually be charged for any replacement cards.
Q: My handset has a recurring fault which the dealer has been unable to repair. The phone is under warranty. Can the TIO help me?
A: The TIO does not normally have jurisdiction to investigate complaints about handset problems. If your phone is supplied as part of your contract with a mobile service provider, you should contact the service provider directly if you have not received adequate service from the dealer.
If you believe the fault is due to a problem with the product design or you are dissatisfied with the actions taken by the manufacturer in relation to product repairs, replacements or warranty issues, you should make a complaint to the Office of Fair Trading.
From time to time, as a last resort, the TIO may intervene in disputes over handset faults and request an independent technical assessment to establish the possible cause of equipment failure. If the fault is found to be due to damage or mistreatment, the warranty does not apply.
Q: Who is liable for the cost of calls made from a stolen mobile phone?
A: The owner of a mobile phone is responsible for paying for all calls made from the phone, even if the calls are made by somebody else. If the phone has been stolen the owner has a responsibility to report this to his/her service provider. The owner of the phone is liable for the cost of all calls made until the phone is reported missing. The TIO recommends that users ensure that the key pad is locked at all times to prevent unauthorised calls being made.
Q: I believe I am being billed for calls that I did not make from my mobile phone. Do I have to pay?
A: If you believe that you can support your claim that you have been charged for calls not made from your phone, the TIO can investigate. If it is found that you have been billed incorrectly, the company should remove the incorrect charges from your account. (See Frequently Asked Questions about Billing for more information.)
Q: I am concerned about health issues that relate to radiation emissions from my mobile phone. What can the TIO do?
A: The TIO has no jurisdiction to investigate radiation emissions from mobile phones.
Q: Can the TIO direct my current service provider to transfer my existing mobile number to a new service provider?
A: Currently number portability between mobile service providers is not a requirement and in many cases is not available. If you are switching to a service provider that uses the same network as your old service provider, you may be able to keep your number. However, if your old and new service providers operate on different networks, you will need to change your number. You should speak to your service provider to find out if number portability is possible.
Ask and answer these questions about the TIO handles a wide range of complaints about mobile phones.
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