BT broadband contract??

[J203425]

BT are doing my head in . I dont know how clued up everbody is with the partnership netween Phorm and all the major ISP's but I am simply not having it. It's my data and they are not selling it without my permission. In light of this I am trying to change providers, however I am only 4 month into a 12month contract. The idiots at BT are refusing to give me a MAC code unless I pay them the remaining 8month subscription up front. Dont get me wrong im no expert on contract law but surely due to the fact they have changed the terms of the contract by agreeing to pass my data to phorm then the contract is no longer legally binding?

 

[Daz]

I think you're going to struggle..

 

[stooby]

there will be a tiny bit of writing somewhere that says something along the lines of the contract can be changed at any time.. usually the case.. don't think you'll have much luck mate

 

[dk]

is it really that much of a big deal anyway?

 

[DrR]

To be fair the council do it.

 

[mintsauce5]

AOL changed its contract terms a while back just as it was taken over by carphone warehouse which allowed you to leave the contract early , have a look on www.consumerdirect.co.uk they maybe able to help

 

[J203425]

is it really that much of a big deal anyway?

of course it is as it's in contravention of RIPA and the data protection act. It's akin to BT tapping your phone without a court order.


"Changing these terms and conditions

• Sometimes, we will need to change the charges and the terms and conditions of the service. We will publish details of all changes online at www.bt.com.
• We will also let you know about a price increase or a change to the terms and conditions that we believe is likely to cause you material disadvantage at least one month before it happens. We will let you know about other price changes and changes to the terms and conditions with your next available bill or an alternative method if this is simpler.
• For changes we need to make to meet legal and regulatory requirements, we may not be able to meet that timescale. We will let you know about these changes as soon as we can.
• If we have made a change which is to your material disadvantage, you will not have to pay a charge if you decide to end your agreement early, unless the relevant price terms say otherwise. However, once we have told you about such a change, you must let us know that you want to end the agreement within ten days. When we make a change that we reasonably believe is to your material disadvantage we will also let you know that you may end the agreement early without paying a charge for doing so."

Surely it's covered by the above? Meaning I should not have to pay a charge.

 

[dk]

its only relevant marketing they are doing, it happens all the time anyway, i think you are going a little ott, BT monitor your traffic anyway, always have done.

 

[J203425]

its only relevant marketing they are doing, it happens all the time anyway, i think you are going a little ott, BT monitor your traffic anyway, always have done.

I dont have a problem with BT monitoring traffic but I do have a problem with the data going anywhere near phorm. As far as I was aware BT monitor traffic usage and dont collect data relating to browsing habits at present. It's my data and if BT want to make money from it as far as im concerned they need my consent. Something they do not have. Yes it's only targetted advertising but where does it end? It seems to me that any company that wants the data just has to throw a bit of revenue in BT's direction and its all theirs. I really dont see how this can be legal at the moment, problem being some legal experts say it is and some that its not.

 

[dk]

you say its your data but you are using their network to get it so i guess in a way it is their business where you are going and what you are doing, doesn't give them the right to sell that to a 3rd party i agree but they have the right to get it in the first place, so i guess we agree really.

Interesting that this was on the register today and it seems they were doing a 'secret' trial last year anyway.

http://www.theregister.co.uk/2008/03/28/phorm_bt_westminster/

 

[J203425]

you say its your data but you are using their network to get it so i guess in a way it is their business where you are going and what you are doing, doesn't give them the right to sell that to a 3rd party i agree but they have the right to get it in the first place, so i guess we agree really.

Interesting that this was on the register today and it seems they were doing a 'secret' trial last year anyway.

http://www.theregister.co.uk/2008/03/28/phorm_bt_westminster/

Yeah I read about that, a number of the "victims" are already taking the matter to court. Maybe I am going a bit OTT but like I said I see that as my data regardless of the fact that im using their network BT dont own the net. Just because you are using a companies network to transmit information doesnt mean they own the information. I mean would you be happy if BT listened in on your phonecalls to provide targeted advertising? or the royal mail opening all your letters to better serve you junk mail? As far as I can tell with my limited legal knowledge the action would be illegal. Not only contrary to DP and RIPA but arguably intellectual property laws. I spoke to my solicitor today and she is a sending a letter to BT so I will just have to wait and see what their response is.

 

[dk]

keep us informed