Mobile telephony and consumer rights

Mobile telephony has become an indispensable commodity. Just a few years ago, mobile phones were a luxury that only businessmen and well-off consumers could afford. Today, almost everyone possesses a mobile.

The actual phone, depending on the model or brand chosen, can be purchased at a very low price, and call rates have gone down considerably. Thanks to the liberalisation of the market, consumers now have a wide range to choose from.

To really make the best choice, it is first of all necessary to estimate your usage patterns for a typical month. For instance, work out how many calls you usually make to other mobile phones, how many to landlines, how many SMSs you send daily, and also how many calls you would probably make when you travel abroad.

It is also useful to note at what time of day you tend to make most calls. You should also take into account the service provider people you mostly call are subscribed to. Usually, there are different charges when you call a number operated by a different service provider than yours. Such calls are more expensive.

There are two main types of contract to choose from. There is the pre-paid one, where you purchase credit either in the form of top-up cards or through other methods offered by the service provider, such as via website and ATM top-up services. The main advantage of this system is constant control over the amount you spend. Then there is the post-paid contract, whereby you receive a monthly bill for calls made. This kind of subscription usually requires you to sign a contract with the service provider.

Especially if you are about to purchase a post-paid subscription, it is important to do some shopping around and compare service providers. First and foremost, you should compare charges, such as connection charges, monthly rental fees, call costs, disconnection and reconnection charges, and also international roaming charges.

However, price is not the only factor that gives you good value for your money. The quality of service, reliability and customer care standards are other factors worth considering. Before entering into a long-term contract with a new company, find out about the operator's network coverage and also what roaming agreements it has.

At least make sure that in the locality where you live or work there is no coverage problem. It would also be useful to ask other people using the service whether they recommend their service provider, and also what they think of the service.

No matter how advantageous the offer is, you should never sign a contract before carefully reading its terms and conditions. There is nothing wrong in asking for a copy of the contract to take home, where you can read it at your own pace and leisure. Look out for conditions that describe the penalties that can be incurred for ending the contract early, what is the full cost of the service and payment options available.

Once signed, the contract has to be adhered to. The only way of releasing yourself from such contracts without incurring penalties is when the service is not provided as promised by the company. Such shortcomings should be immediately notified to the service provider in writing. When complaining you should clearly explain what the problem is and how you want it solved.

If your problem is not solved within a reasonable time, you should register your complaint with either the Consumer and Competition Division or the Malta Communications Authority. Through mediation, these two entities will try and reach an amicable settlement with the service provider.

Should this not suffice, you will be given the possibility to take your case to the Consumer Claims Tribunal.

Ms Vella is senior information officer, Consumer and Competition Division.

customer@timesofmalta.com, odette.vella@gov.mt