By
Carl Umegboro
(Published by AUTHORITY on 25 September, 2017)
(Published by Nigerian TRIBUNE on 29 Sept, 2017)
THE operators of global
system for mobile (GSM) in the country especially the South African
telecommunication giant, MTN-Nigeria, are either bent on compelling its value
added services on their customers, or determined to be enriching themselves by
them through calculated countless flash messages with subscriptions, not
minding that every valid contract follows a laid down procedures. Or perhaps, the
service-providers know better than their customers and therefore take decisions
for them as the ultimate boss.
Virtually all days and nights, MTN customers receive incalculable flash messages from
the network introducing various services. Sometimes it comes as sports, games, songs,
jokes, current affairs, religious related, etc. At the end of such flashes is
the amount to be deducted if the subscriber clicks ‘Ok or Yes’ on the handset. It
doesn’t matter if the customer doesn’t need the service, the moment any button
on the handset is touched after the arrival of the message, deduction commences
immediately and endlessly. It could be a child touching the handset or even any
object or while in the pocket. It could also be when browsing, using
short-message-service or taking a snapshot. The moment a flash message arrives,
any touch of a button or on screen for screen-touch brands, perhaps to return
to prior engagement, the rest is history. The instant result will be an alert; ‘you
have subscribed’ with instant deduction or it queues for deductions patiently waiting
for next recharge except the customer cautiously pressed on ‘NO’ button.
For those not sensitive to notice the
subscription notifications, the deductions run in perpetuity until fortunate to
discern. Another bad side is that once
deduction is made, it is nonrefundable; at most, it will be deactivated at the
point of complaint after several deductions. The question begging for answers
is; how could ‘Ok’ imply acceptance of offer or customers decode what the “OK”
implies how much less rural market women, aged persons and illiterate persons
that are unable to read except to make calls? Besides, the term ‘Ok’ craftily
put at the end is relative; could be perceived as ‘seen, read, noted’, etc, and
above all, unlikely not be observed if not meticulously read down.
Imagine where such flash messages are
strategically pushed to millions of subscribers and N20, N50 or N100 as usual,
are deducted, I leave the calculations for the Nigerian Communication
Commission (NCC). In a civilized society, to subscribe to value-added services,
designated codes are sent to corresponding locations and not “OK” so that
whoever wishes to subscribe can willingly and calculatedly sign up. NCC must
meet up to expectations and discharge its statutory duties proactively, efficiently
and effectively.
It is a trite law that there are requisite elements in any
valid contract; offer, acceptance, consideration, mutuality of obligation (mutual
interest) and capacity, and any ambiguity surrounding them can lead to voidance
of the contract. Thus, any offer with ‘Ok’ or ‘Yes’ as a means of acceptance is
ambiguous, erroneous and should be reviewed without any delay.
Again, the Do-Not-Disturb (DND) mechanism
as a means of deactivating a particular subscribed service available in MTN network is insufficient as majority of
customers does not have apt knowledge of them and therefore cannot activate
them. How would the masses especially uneducated subscribers understand the
flash messages or the DND system? The DND is completely out of it as it is smartly
setup as cover-up against the malicious deeds. My unwavering point is that mere
‘Ok or Yes’ in flash messages is inadequate for acceptance in a valid contract.
Besides, flash messages cannot be a valid point for acceptance of offers but only
suitable for advertisement of goods and services. To subscribe to the
advertised services, it is obligatory and indispensable that a code must be
provided so that willing customers can activate or subscribe to the services
with no form of coercion. The existing design is Machiavellian, exploitative
and manipulative. It implies that all that is needed is to sponsor programmed flash
messages with subscription rates and push to a good number of customers, then
watch for how many would fall to the tricks and then bank alerts will begin to
accrue for sharing between the sponsors and service provider.
In conclusion, the NCC as the regulatory
body should step into actions to stop these aberrations by GSM operators without
further delay. Corrective actions should be put in place as huge amounts
running into millions of naira are realized seriatim and continually through
the scheme at the detriments of the masses. People must exercise their rights to
willingly elect value-added services rather than the duplicitous trends. In
several occasions, customers hard earned monies were deducted over unsolicited
value added services which they never subscribed. More worrisome is where
airtimes are borrowed in critical situations but ended up deducted as accrued
subscriptions over these value-added services. All earnings by service
providers in conjunction with their third-party sponsors on forceful
subscriptions are scams. The scheme is a blunder, grotesque and highly
orchestrated fraud.
Umegboro is a public affairs analyst
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