Law Regarding SIM Locks

carlmango11

Hi,

Just wondering if anyone knows what the law is in relation to networks tying down phones with SIM locks so that you can't change network.

My sister is going abroad for a few months in February and needs to unlock her new iPhone 5 however the network is refusing without having spent €130 worth of credit on the new handset regardless of the fact that she has been a customer since 2006.

Is there any obligation on the network's part to unlock the phone considering she's leaving the country? It seems outrageous that a company can put a lock on a piece of equipment that belongs to you!?

Thanks

cookie1977

There is no specific law. She would have agreed to the T&C's when she bought the phone. Networks vary in unlocking procedures but you can always get the phones unlocked for free or a small fee although iPhones are a little more difficult to unlock then most other phones.

There's no obligation on the network to unlock the phone prior to satisfying their requirements (spending 130 on credit) I'm afraid.

JDxtra

They will claim the phone was subsidised, so they need to recoup that.

Long standing prepay customers will receive no goodwill or loyalty. It means nothing.

However, there is normally not much difference in the SIM free price when compared to the prepay handset costs the operators charge. Something to remember for next time maybe.

carlmango11

Thanks for the replies. Yeah that's the most annoying part. The idiot who bought it paid the same amount as he would have for the unlocked version online! Meteor subsidy of a whole €0! :pac:

I really think they should introduce some legislation in this area. I'm actually surprised there's not some EU law on it. In France they're obliged to unlock your phone if you need it. Even after a fixed time or something. I mean you paid for a piece of electronic equipment it shouldn't be at the discretion of a company whether you can use it how you like. Well at least where there's €0 subsidy.

gctest50

130e ? they probably don't cost much more to make

the_syco

carlmango11 wrote: »

The idiot who bought it paid the same amount as he would have for the unlocked version online! Meteor subsidy of a whole €0! :pac:

Did you explain that part to the person on the phone?

carlmango11

the_syco wrote: »

Did you explain that part to the person on the phone?

No actually, I assumed all that mattered was that it was Meteor-bought. Perhaps I could give that a try.

the_syco

carlmango11 wrote: »

No actually, I assumed all that mattered was that it was Meteor-bought. Perhaps I could give that a try.

Aye. I'm guessing they assumed you got it on the cheap, and the 120 is to even it out, and/or make a profit.

cookie1977

Most pre pay phones are in and around the same price as sim free. They give you credit usually when you buy it. I can't see them changing their mind but see what they say.

sandin

carlmango11 wrote: »

Thanks for the replies. Yeah that's the most annoying part. The idiot who bought it paid the same amount as he would have for the unlocked version online! Meteor subsidy of a whole €0! :pac:

I really think they should introduce some legislation in this area. I'm actually surprised there's not some EU law on it. In France they're obliged to unlock your phone if you need it. Even after a fixed time or something. I mean you paid for a piece of electronic equipment it shouldn't be at the discretion of a company whether you can use it how you like. Well at least where there's €0 subsidy.

There is a law on it, it called abiding by the terms and conditions. Both sides sign up for it. If one side is too lazy to read and understand what they are signing up for then that is their fault 100% and no amount of moaning on boards will change that.

Maybe this will teach the person to read and understand terms of business and save them from far more expensive mistakes in future.

Procrastastudy

Not sure if there is additional legislation but this is the SI on unfair contract terms.

I know you can get some mileage (excuse the pun) with this with champers, but whether or not SIM locks have been challenged I couldn't say.

RangeR

Procrastastudy wrote: »

Not sure if there is additional legislation but this is the SI on unfair contract terms.

I know you can get some mileage (excuse the pun) with this with champers, but whether or not SIM locks have been challenged I couldn't say.

I don't see how net locks are unfair contracts. Phones are heavily subsidised by the networks. Take the recent flagships SGS3 and iPhone5. Some networks offered these free on launch on 2 year contracts.

These phones cost in excess of €600. This needs to be recovered by the network. Net locks give them some form of guarantee that the hardware cost will be recovered.

If a person doesn't want to get into a mobile contract, they can purchase a net free phone. But then they will complain that they are too expensive.

Procrastastudy

RangeR wrote: »

I don't see how net locks are unfair contracts. Phones are heavily subsidised by the networks. Take the recent flagships SGS3 and iPhone5. Some networks offered these free on launch on 2 year contracts.

These phones cost in excess of €600. This needs to be recovered by the network. Net locks give them some form of guarantee that the hardware cost will be recovered.

If a person doesn't want to get into a mobile contract, they can purchase a net free phone. But then they will complain that they are too expensive.

To be fair I didn't say that it was unfair. The OP asked for the law on the subject and got rhetoric rather than what he requested.

I know, I know... but I'm turning over a new leaf

RangeR

Procrastastudy wrote: »

I know, I know... but I'm turning over a new leaf

I'll try not to be too pedantic this year, in return. Don't see that lasting

hattoncracker

Apple unlocks are slightly different.. They have to go directly to apple, and theres no code, they just provision it on their side, email the customer with instructions, and when the iPhone gets connected to iTunes it flashes up as unlocked.

They (apple) wont unlock an iPhone unless the contract is up for billpay, or if it's payg the warranty has to be up-double check this with your network in relation to unlocking procedures because if this is still the case it wont.matter how Much they top up by, apple Will not authorise it til the warranty is up, even meteor, Vodafone or o2 can't control it

Ah-Watch

hattoncracker wrote: »

Apple unlocks are slightly different.. They have to go directly to apple, and theres no code, they just provision it on their side, email the customer with instructions, and when the iPhone gets connected to iTunes it flashes up as unlocked.

They (apple) wont unlock an iPhone unless the contract is up for billpay, or if it's payg the warranty has to be up-double check this with your network in relation to unlocking procedures because if this is still the case it wont.matter how Much they top up by, apple Will not authorise it til the warranty is up, even meteor, Vodafone or o2 can't control it

Thats a load of BS. Its the networks that wont submit them for unlocking until the contracts end. I've got handsets that are in contract on 02 and Vodafone unlocked numerous times and in the recent past. Prepay customers need to have €XXX topped up in a particular period, but again this is down to the network provider not apple. Apply only unlock the handsets with the instruction of the mobile networks

carlmango11

sandin wrote: »

There is a law on it, it called abiding by the terms and conditions. Both sides sign up for it. If one side is too lazy to read and understand what they are signing up for then that is their fault 100% and no amount of moaning on boards will change that.

Maybe this will teach the person to read and understand terms of business and save them from far more expensive mistakes in future.

:rolleyes:

Seriously I actually can't help but facepalm when I see responses like this on boards.ie with a billion thanks. I asked a question about the law and of course I get some holier-than-thou smart arse response.

Here's the Terms and Conditions for the purchase alone, not including the PAYG plan. I assume you read these sorts of things thoroughly before making any purchases? If so then fair play but for some reason I doubt it. I personally don't have time to read a 5,000 word (not exaggerating) contract before SOMEONE ELSE buys a phone for my sister.

sandin wrote: »

no amount of moaning on boards will change that

What the fcuk is your problem!? Such a moany, unfriendly, unhelpful way to reply to someone. If you're referring to when I said they should change the law then how is that moaning? Several EU countries have these types of laws. Look it up.

sandin wrote: »

Maybe this will teach the person to read and understand terms of business and save them from far more expensive mistakes in future.

Do you behave like this in real life? To people's faces? You sound like a bitter little child.