Mobile phone contract disputes

26th April 2018

The Consumer Rights Act 2015 provides that a service must be supplied using reasonable care and skill and that any goods, such as a mobile phone handset, must be of satisfactory quality and fit for purpose.

Any goods, such as a mobile phone handset, must be of satisfactory quality and fit for purpose.

The 2015 Act also provides that any software, described as ‘digital content’ by the Act, must also be of satisfactory quality and fit for purpose. Where digital content is to be transmitted to the consumer, usually by the consumer accessing the internet, the trader must make sure there is reasonable access to the network.

The quality of the handset and of the software must also match any public statements made by the seller or the producer as to the quality of the phone, etc.

The main issues with mobile phone contracts are often the phone reception – i.e. access to the network – and the size of the bill. Both issues are often addressed in the terms and conditions.

The Consumer Rights Act 2015 states that any unfair term in a contract will not be binding on a consumer. A term is usually seen as being unfair if it causes a significant imbalance in the parties’ rights to the detriment of the consumer.

Any unfair term in a contract will not be binding on a consumer.

The Office of Fair Trading is in charge of judging whether or not consumer contract terms are fair or unfair, and is able to void contracts where it is believed that a trader is trying to mistreat their customers.

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