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Websites fined in EU ringtone scam sweep

Published 18 November 2009 - Updated 23 December 2011
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The EU's second sweep of the mobile phone content market - ringtones, wallpapers and other services – reveals a majority of websites flagged for scams were guilty of misleading consumers in all corners of the EU.

The European Commission put pressure on national regulators to crack down on misleading mobile content websites. An 18-month EU enquiry, which began in June 2008, reveals that online fraud on mobile content has been prevalent across the bloc. 

The 2008 enquiry involved 558 websites in all 27 EU member states (plus Norway and Iceland) and was conducted between 2 and 6 June. 80% of the checked sites were highlighted as a cause for concern. 

Since then national enforcement authorities have investigated 301 websites and, according to a statement from the Commission, 70% of infringements have now been corrected. 

Malpractice in this niche market revolved mostly around the lack of information on the relevant trader. 75% of websites investigated evaded rules on trader contact information. 

41% of websites had unclear or misleading pricing information and 35% deceived consumers into signing up to contracts with hidden charges, with some claiming that services were in fact free. 

26 countries guilty 

Trends in online fraud in the mobile content market are prevalent in all corners of the continent with Europe's regions all having their fair share of culpable websites. 

Including Norway and Iceland, 29 countries' websites were investigated and 26 were found guilty. Portugal, Ireland and Slovakia were notable exceptions, with zero infringements. 

To date only Italy agreed to reveal details of the companies that were found guilty. The list includes big market players such as Vodafone and Telecom Italia, which were cashing in on misleading commercial practices. 

Other scams in Italy were run by Wind, Dada, Zed, H3G, Zeng, Fox Mobile and, ironically, Tutto Gratis. All the companies now face two million euro fines imposed by the Italian Antitrust Authority. 

Online law still an anomaly 

There are currently two EU laws which clearly apply to online shopping, one on distance selling and the second, an e-commerce law, intended to clarify rules on contact information provided by online retailers. 

However, investigations by lawyers into the application of EU law online showed that transactions on the Internet still present consumers with great legal uncertainty. 

Positions: 

A lack of harmonised rules on online commerce muddies the waters on which party is liable in a transaction, the consumer or the retailer, argues Peter van Eecke, a lawyer from DLA Piper asked to investigate EU e-commerce laws. 

Willemien Bax, from the pan-European consumer group BEUC, has raised concerns about so-called End User License Agreements, some of which waive a trader's liability on services or products. 

The chairman of the European Parliament's consumer protection committee, UK Conservative MEP Malcolm Harbour, welcomed the European Commission's crackdown on mobile phone scams, which has seen complaints in the UK drop by 60%. "This is very welcome news. Children and teenagers are particularly susceptible to these scams and often amass big bills on the back of 'free' services." 

Background: 

A 'sweep' is a new kind of EU investigation and enforcement measure introduced in 2008. Member states carry out simultaneous, coordinated checks of webpages for breaches in consumer law in a particular sector. They contact operators with alleged irregularities and ask them to clarify their position and/or take corrective action. 

The first Mobile Services Sweep took place between 2-6 June 2008. Enforcement authorities across Europe checked mobile service websites for suspected violations of EU consumer law: the Unfair Commercial Practices Directive (2005/29/EC), the Distance Selling Directive (1997/7/EC) and the E-commerce Directive (2000/31/EC). 

EU consumer rules stipulate that the buyer must be able to see who the trader is and how to contact them, must be able to see the total price clearly. They also make clear that free means no hidden charges and that the consumer can understand what they are purchasing and under what terms and conditions.

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