Wireless application service provider T-Mobile will appeal the Wireless Application Service Providers' Association (WASPA) decision to terminate its membership.
WASPA terminated T-Mobile SA's membership after finding the WASP had automatically subscribed people to its services without permission.
The ruling means T-Mobile SA is unable to operate as a WASP, because SA's major mobile operators - Vodacom, MTN and Cell C - require companies to be WASPA members to have access to their networks.
However, T-Mobile SA this week filed an appeal with WASPA's lawyers. Attorney Sizwe Snail, acting on behalf of T-Mobile SA CEO Botha Lebete, argues the expulsion was too harsh a penalty.
Snail says even if T-Mobile SA was guilty of automatically signing people up to its services without consent, the company should not have lost its WASPA membership. T-Mobile SA, which trades as Wirels, as its name is similar to German mobile operator T-Mobile, is a “young black company” that is only a year old, says Snail.
T-Mobile's expulsion was only the second time the association has ever terminated a WASP's membership. The first was Vending for Africa, which had its membership terminated at the end of 2006.
Snail says T-Mobile SA admits it has problems with its billing system, but the company has addressed these issues and taken steps to ensure that, if it's allowed to regain its membership, the problem won't be repeated.
Last December, a complaint against T-Mobile SA was lodged with WASPA. The complainant argued that he was subscribed to an SMS service without having signed up for it and was receiving inspirational quotes that cost R3 an SMS.
WASPA's code of conduct requires that people give their consent to be signed up for a subscription service, and a confirmation SMS must be sent to the subscriber. In addition, proof of these must be provided if required.
According to the ruling, T-Mobile SA breached WASPA's code of conduct. The ruling also indicates that T-Mobile SA didn't respond to the complaint lodged with WASPA.
Snail argues T-Mobile SA did respond, but whether its response was correct in terms of the code is “another story”. He says courts are lenient around the technical aspects of responses when someone is responding to a filing against them, if that person isn't represented by an attorney. T-Mobile SA had only recently secured Snail's services.
WASPA did not immediately respond to a request for comment regarding the appeal.
Share