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Mobile phone cashback fraud/possible class action (Read 15,639 times)
andy9
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Re: Mobile phone cashback fraud/possible class act
Reply #15 - Mar 12th, 2008 at 11:16pm
 
NGMsGhost wrote on Mar 12th, 2008 at 8:46pm:
(
# Inflamatory comments removed ~ DaveM
). . .  andy9, who had set out quite deliberately to rile another forum member by making absurd claims that normal fair comment by dorf about a now bankrupt mobile phone company amounted to potentially libelous comments.

It is clear that andy9 does not work in the law as if he did he would understand what is real libel that people actually sue for and what is merely fair comment that those expressing such views could justify in the wholly unlikely event that any libel action against them was ever attempted (as it almost certainly would not be).

As far as I can see andy9 only makes his sudden threats that comments of another poster are libelous when he sees comments that he does not like and wants to try to silence them.

False grounds, I'm afraid.

You are correct that I am not a lawyer, but I think that I can still identify who are the parties in the dispute dorf is talking about.

My comments express no opinion at all on dorf's opinions about a bankrupt mobile company, but are about what dorf says about the network's vicarious liability, which is the case he is actually on about, and associating those remarks with the other words used.
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« Last Edit: Mar 20th, 2008 at 6:24pm by DaveM »  
 
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Stoday
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Re: Mobile phone cashback fraud/possible class act
Reply #16 - Mar 13th, 2008 at 1:08am
 
In view of the so-called McLibel trial, I would have thought that any organisation would avoid provoking a bigger problem unless the libel was clear.

McLibel

.
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NGMsGhost
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Re: Mobile phone cashback fraud/possible class act
Reply #17 - Mar 13th, 2008 at 1:21am
 

Indeed so.

The idea that the networks are going to sue anyone about criticism of the dodgy cashback deals they allowed their retailers to promise the public (knowing full well that 50% or so of them would fail to meet the onerous conditions imposed to obtain the promised cashback) and that a more pro consumer Office of Fair Trading and Ofcom would have made illegal is really utterly laughable.
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« Last Edit: Mar 20th, 2008 at 6:17pm by DaveM »  

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Dave
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Re: Mobile phone cashback fraud/possible class act
Reply #18 - Mar 13th, 2008 at 9:51am
 
There is a Parliamentary Early Day Motion on this here.

Quote:
EDM 696

INDEPENDENT MOBILE PHONE DEALERS ASSOCIATION, OFCOM AND CASHBACK          15.01.2008


Godsiff, Roger

That this House welcomes the first meeting to take place between the Independent Mobile Phone Dealers Association (IMPDA) and Ofcom, the telecoms regulator; regards the opportunity presented to the IMPDA to give its views on the working relationship between dealers and the network providers and consumer issues, particularly in regard to the ongoing problems associated with cashback which have left many customers facing legal action, as long overdue; agrees with the IMPDA that the consumer has been ill served by the failure of the network providers adequately to police the cashback incentive scheme; believes the network providers to be complicit in the active promotion of an unsustainable business model in relation to cashback to achieve connection numbers and highly profitable volume targets; further believes the voluntary arrangement agreed between Ofcom and the network providers has comprehensively been demonstrated to be inadequate; and supports the IMPDA in its call to Ofcom, following its current review, to introduce statutory regulation not only to protect the consumer but also to eliminate uncompetitive practices within the industry.
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andy9
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Re: Mobile phone cashback fraud/possible class act
Reply #19 - Mar 19th, 2008 at 10:44am
 
Quote:
Crackdown on mobile mis-selling  

Telecoms regulator Ofcom has vowed to crack down on the mis-selling of mobile phones after the failure of a voluntary code of practice in the industry.


http://news.bbc.co.uk/1/hi/business/7302635.stm

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« Last Edit: Mar 19th, 2008 at 10:46am by andy9 »  
 
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