Telecom Service Provider Data Breach and inhumane treatment - Is legal route worth it

kim365

Around late November of 2023 my daughter got a bill of over €500. she rang to enquire about what she was being charged for and was told that she had ordered a phone and that what was what the bill was for. she explained to customer service that she did no such thing and could this error be dealt with so she could pay her actual bill (€23).

 She had another phone conversation with customer service shortly after Christmas as she wanted to pay the bill she owed €23 and also clear this error from her account, as she did not want any negative consequences.

 On this phone call she was told that she ordered the device over the phone and it had been delivered to an address in Dublin 17. she explained to the employee once again that she did not order a phone, she is from Laois and that is the only address she have had since being a customer with Vodafone over 13 years ago.. she is only 23years of age.

After visiting a physical store and speaking with the staff it was discovered that through the Telecom company, the address and email on her account had been changed and that whoever did this essentially was allowed to charge a phone to the account.

The emotional distress caused by the Telecom Company customer service was appalling. Customer service were not helpful and spoke to her as if she was the fraudster, knowing fully well that Vodafone committed this error, even when she explained multiple times they were not helpful in trying to resolve this issue. When she explained that the address they kept mentioning was not her address and shouldn’t be on her account in the first place, she was spoken to like an imbecile who doesn’t know her own address.

 She asked for the recordings to be listened to twice and only when she requested to listen herself and only when she requested on GDPR law they processed a request and still did not provide the recording month after even till now.

Official complaint was sent to the Telecom Company as suggested by CommReg, still no response from them. it was reported to Data Commissioner as well.

 This was a data breach because this person was able to gain access to her name, address and other information that she trusted Vodafone with. In January her current device was stolen on a train in Brussels, went to Telecom Company for them to blacklist the IMEI and transfer the number to a new sim but the number has already being compromised at this stage. She has been having access issue since November .She suffered a lot of inconveniences and discomfort throughout this process and thereby lost access to her banking details, online banking or process transactions 

Can’t access revenue to update tax information, can’t access Apple which means a recently misplaced device can’t be found

She is a Locum technician at the weekend – businesses can not access her which meant a loss of earnings.

She is also the owner of the company listed on the Vodafone account. Loss of business relationships and potential earnings because her number is gone and they cannot contact her.

 Her phone number is needed to authenticate everything related to her personally and the business.

 On top of that she is a final year student, with certain college elements being online having a working phone where people can reach you is essential. Her phone would also been used as a hotspot to access college materials

During this process I started work placement, with no contact or knowledge of where I was going, it was a really difficult situation to be in.

 Please which way forward?. Is legal route worth it and any suggestion please, thank you

 

 

 

GBX

I'm not sure where the "inhumane treatment" aspect comes into it. But I'll answer a few points.

I'd follow up with the complaints with Comreg and the Data Commissioner and see what progress has been made. If nothing, it might be wise to speak to a solicitor and see what your options are in regards to going legal.

The stolen phone issue - Is your daughters phone insured through Vodafone? Is this why the complaint was made to them? As, they would have no bearing on the stolen phone otherwise unless it was stated in the insurance contract.

Also, I would edit your post to remove the company name.

Xterminator

hi op

you may have a valid complaint. it is undermined by hyperbole and by your lack of understanding that vodafone cannot be held liable for criminal actions of a person unconnected to them. Your daughter is responsible for none of this, in your eyes. But Vodafone are? EG for her lack of being able to access tax apple etc? Surely the responsibility lies with the criminal?

This was a data breach because this person was probably able to gain access to her name, address and other information that she trusted Vodafone with. In January her current device was stolen on a train in Brussels, went to Vodafone to complain but nothing was done so she suffered a lot of inconveniences and discomfort throughout this process and thereby lost access to her banking details, online banking or process transactions .

What proof do you have that there was a breach @ vodafone ? Surely the obvious explanation is that her stolen device held sensitive information that has been used. Now how does a thief access the data on her encrypted & password protected device? were the passwords for apple compromised? Sorry if i am coming across harsh but you are outsourcing all of the blame to vodafone, excusing any from your daughter, and seem to ignore the fact that the only breach that is present was not vodafone fault.

you say you ", went to Vodafone to complain" Well thats a bonkers statement. why would you complain to vodafone of the phone is stolen from you? Surely you would go to vodafone and have the device IMIE number blacklisted, and had the number transferred to a different sim card so you dont lose access to your mobile number. Was that requested? If so did they refuse? more details on what you asked for and Vodafone response here may show they were slow to respond or didnt do what you requested, assuming your requests were valid. this would be the grounds your complaint would be successful on.

Vodafones responsibility here is to follow their own procedures for dealing with the issues that occurred. Where you can prove they didnt follow their own procedure is where that are at fault and where comreg/vodafone can help. Saying they are at fault for not being helpful or understanding etc is silly. Leave the inhumane comments for your therapist.

kim365

she complained so that Vodafone to have the IMEI blacklisted and transfer the number to a new sim but the number has been compromised at this stage because whoever ordered the phone has the number and there has been issue regarding access since November. That was why everything got blocked. I understand she was careless for her phone to be stolen in January but the issue with the number and her details has been since November.

The reason for apportioning the blame to Vodafone was because, if you want to change your address or any details, they will usually ask for proofs like utility bills and proof of identity. How was the person able to get past that. Also, they claimed to have the audio recording of all phone order but they cant supply same in this case.

I didn't see you as being harsh; I guess truth is bitter but I appreciate your comment.

kim365

https://www.boards.ie/discussion/comment/121802810#Comment_121802810

Thank you, I have edited the name of the company. She went to them so they can blacklist the IMEI and transfer the number to a new sim which they did not do

L1011

It was your daughters very identifiable company name people were referrring to, I'll remove that now.

Xterminator

hi op

i think we are getting closer to the issue here.

The reason for apportioning the blame to Vodafone was because, if you want to change your address or any details, they will usually ask for proofs like utility bills and proof of identity. How was the person able to get past that.

Vodafone need to protect you from unauthorized changes. Asking for evidence of identity seems absolutely the right thing to do. If they followed their own procedure in this case you may not have recourse there. if they didn't you may be successful. This seems to be the meat of your complaint. My personal experience of comreg is that they don't entertain complaints until you have used the full complaints procedure of Vodafone. this is where your focus should be. follow up, and exhaust their procedure.

https://n.vodafone.ie/aboutus/code/customers/complaints.html

Also, they claimed to have the audio recording of all phone order but they cant supply same in this case.

With GDPR they keep recordings for a specified amount of time and specified purpose and delete them. they cannot lawfully keep them indefinitely. Its possible they did have a recording and the recording was deleted in line with their policy. Its possible they are not disclosing evidence they have.

you can also make a GDPR request to find everything piece if information that they hold with very heavy penalties if they don't comply. here is a link to how you go about that. Might set your mind at ease. Might turn up something interesting. there is a cost.

https://www.citizensinformation.ie/en/government-in-ireland/data-protection/rights-under-general-data-protection-regulation/

kim365

@Xterminator thank you for your contribution. We exhausted the service provider complaints procedure as recommended by CommReg and still no response from the service provider.