Vodacom is within its rights not to refund customers for calls that were dropped before the minute they are paying for has elapsed, the Johannesburg High Court ruled on Friday.
Jason Blacklock, whose company, Cell Check, does forensic audits on itemised billing, brought the case to court.
Acting on behalf of his client, Hilti SA, Blacklock attempted to claim R18 300 which was charged for dropped calls. Hilti argued it was unfair of Vodacom to charge the full amount (for the whole minute) for a call that lasted only a few seconds.
In its defence, Vodacom said part of the terms of the service agreement was that it would levy charges for services rendered and calls made.
Adverse conditions
Presiding High Court judge Lewis Goldblatt noted the contract does provide for the effect of adverse conditions on the calls. Services may from time to time be adversely affected by physical features, such as buildings and underpasses, as well as atmospheric conditions, he said.
The judge gave the parties 30 days to make submissions, failing which the judgement will become final. Blacklock`s legal team, headed by Michelle Gishen of Louis Gishen and Associates, say they will decide on their strategic course of action next week.
Vodacom spokesperson Dot Field says the mobile operator would not issue a statement on the matter. "Note that a dropped call can be caused by a myriad of reasons, such as a low battery strength or faulty phone," she says.
Field adds that Vodacom has always had a reconnect service, which reconnects customers whose calls have been dropped and grants them the first minute free. For customers on per-second billing, this service is not required, she adds.
Lost minute
Steven Brown, MD of Multimatics, a company that audits least-cost routing programs, says apart from the inconvenience, dropped calls are not an issue for his customers, as they are mostly on per-second packages.
"While I do, however, understand that networks cannot guarantee the quality of service because there are too many variables, they should not offer calls on a per-minute basis," he says.
"If you can`t guarantee the call will remain connected for one minute, don`t charge per minute, charge per second."
Communications Users Associations of SA spokesman Ray Webber argues that Vodacom has a moral obligation to provide recourse for customers if the reason the call is terminated is not at the caller`s discretion or due to faulty phone.
Webber adds that the Vodacom`s reconnect service serves the purpose, as it allows the customer to reclaim the lost minute.
Media reports indicate MTN has paid Blacklock`s clients for dropped calls. Cell C was unable to respond by the time of publication.
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