National Consumer Tribunal fines Cell C R500k
The National Consumer Tribunal has fined Cell C R500 000 for contravening sections of the Consumer Protection Act (CPA).
The Tribunal’s judgment, issued on February 11, ruled that Cell C contravened sections 4(4)(a), 4(5)(b), 48(1)(a)(i)(ii) and c(iii), 54(1)(b), and 51(1)(b)(i)(ii) and (iii) of the CPA.
According to a statement issued by the National Consumer Tribunal on Tuesday, a consumer contacted Cell C on May 4, 2022, requesting an increase of the monthly limit by R2 000 to enable the consumer to roam while overseas, which was activated by a Cell C agent.
However, upon return to South Africa, the consumer had received a bill of R11 265.32, with Cell C’s terms and conditions on international roaming stating that “Cell C also cannot guarantee the accuracy of the limits set”.
The National Consumer Commission (NCC) had considered the matter and in November 2023, decided not to refer it to the Tribunal.
In this instance, the consumer decided to refer the matter to the Tribunal in line with applicable provisions of the CPA.
Ruling on this matter, the Tribunal said that under section 54(1)(b), the respondent must provide its service in a manner and quality that consumers are generally entitled to expect.
“This ruling clarifies the responsibilities of mobile network operators with respect to international roaming. It is therefore incumbent on mobile network operators to not only communicate their terms and conditions but also ensure that such terms and conditions comply with the CPA,” said NCC acting Commissioner Hardin Ratshisusu.
“When consumers take the necessary steps to set limits on their accounts, they often do so out of necessity and not enjoyment. They sacrifice the freedom to spend more than the limit but weigh this against the reassurance that they will not be financially prejudiced or become over-indebted.”
“This judgment is quite significant and provides clarity on how similar matters ought to be approached.”
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