Are you familiar with the situation when, on the eve of the next payment for cellular communications, the operator sends a “chain letter” informing you that your tariff has been closed? This may look like an increase in the cost of the current tariff by n% while maintaining its name, or a transfer without the subscriber’s consent to a new tariff with new conditions, including your current, now “old” one.
I have encountered similar situations more than once, with different operators. But how legal are these actions of companies selling cellular communications? I suggest you look into it.
What the law says
When changing the tariff plan, mobile operators perform all actions within the legal framework. Usually there is a corresponding clause in the contract for the provision of services. It says that the tariff can be changed by the mobile company. However, many people ignore the terms of the contract. Therefore, they are sure that such actions contradict the requirements of the law.
In fact, the legislative acts of the Russian Federation indicate that the mobile operator is required to notify the client about a change in the terms of service. This is done 10 days before the package expires.
In other words, Beeline, Megafon, MTS or other companies cannot change the tariff without notifying their client. This means they must send an SMS message in advance. Sometimes operators call the client and tell them about a new tariff plan.
The method of information is not particularly important. At the same time, the client should know that within 10 days he will be transferred to a new tariff. The old package becomes archived. This means that support for it is ending.
At the same time, there is one more note in the legislative acts: the client must agree to change the tariff. Mobile operators are aware of this, while users are often not familiar with this norm. If the client does not send complaints, refusals or claims, his silence is usually perceived as agreement with the proposed conditions.
Forced change of tariff plans
If you haven’t panicked yet, and you still don’t know that Beeline is forcibly transferring to another tariff, it’s time to find out what tariff plan your number is served under - to do this, pick up your mobile phone and dial the USSD command *110* 05#.
As an old subscriber who hasn't thought about the tariff for years, you may find that your number is now serviced under a completely different tariff plan. This news comes as a shock to some, because all subscribers are divided into two categories - those who received the corresponding notifications, and those who were not notified at all. Moreover, even those who received a notification about the change in TP are shocked. And some simply do not notice how they began to pay more for communications.
In other words, the black and yellow operator with the always joking Svetlakov independently transferred and is still transferring its subscribers to updated tariffs. Some people now pay more than before, while others, on the contrary, have the opportunity to pay less.
There is a certain panic; people flock to service offices and try to call help desk consultants. In offices, consultants have to withstand a barrage of criticism and abuse, and it is completely impossible to reach the hotline. Let's figure out why all this fuss was started.
How a mobile operator can notify a user
The laws of the Russian Federation state that the cellular company is required to notify users in advance of changes in the terms of service. And this can be done in different ways. Most often, mobile operators send an SMS message to the client. Sometimes they call and tell you about new conditions.
Regardless of the reporting method, it is important to comply with deadlines. The client must know 10 days in advance that he will be transferred to a new tariff.
Silent means consent
If the client does not respond to the operator’s message, this is interpreted as his consent to the tariff change. If you want to defend your rights, you should follow the following rules:
- When you receive an SMS notification containing information about transferring a number to a new tariff in the foreseeable future, you should carefully study the conditions. It is important to analyze the information about the conditions in the current and proposed packages. This will help you understand whether the new tariff is suitable.
- Log into your personal account on the mobile operator’s website. Regardless of the company, your account will likely include call transcript information. There is also information about the scope of services. This will help you understand whether the new package is suitable.
- Study the range of current tariffs, the terms of which the mobile company does not plan to change. It is likely that the list of available plans will include an optimal tariff that will be more profitable than the package offered by the operator. If there is such an offer, it is better to immediately switch to it. In this case, there is no need to wait for a ten-day period.
If the best options are not available among the available tariffs, and you also do not plan to use a replacement, you should formally contact the operator. To submit a claim, it is recommended to contact support and explain the situation.
In this case, it is worth informing the operator that changing the tariff is absolutely not suitable. It is likely that the company will compromise and provide a discount. Operators often offer special conditions to such clients. Mobile companies also don't want to deal with user complaints or get involved in litigation.
To get the desired result, it is worth putting your demands and claims in writing. Then send them by letter to the operator’s main office. It is important to do this with notification of receipt using the details. It is recommended to send a letter with claims by Russian Post. It is also permissible to personally visit the operator’s office and submit a corresponding application. It should be compiled in 2 copies.
Reasons for what happened
We see that Beeline is forcibly transferring subscribers to new tariff plans. Moreover, he does this supposedly with care - analyzing the costs and volumes of consumed services. But previously you could easily stay on the archived TP for as long as you wanted. Recently, this has not been the case - as some analysts and Beeline itself say, expenses and income are currently being optimized while simultaneously getting rid of old tariff plans . On the one hand, this is not bad - some old archival tariffs are insanely expensive and not the most profitable, and they do not include certain modern options and services. But on the other hand, some old TPs are more profitable than those that remained afloat.
Just look at the “Welcome” tariff plan, which undeservedly went into the trash. After all, it was actively used by visitors calling within Russia or the CIS countries. Now Beeline may object - but we left you the option “Welcome to EVERYTHING” without a subscription fee and with profitable calls. Only this subscription fee is on these same “ALL” tariffs.
As an analysis of reviews on the Internet shows, few people began to pay less - people say that they began to pay more. There have also been complaints about the new subscription fee, since many tariff plans today require a subscription fee. It seems that Beeline simply did what was beneficial for him.
Fortunately, there are also satisfied subscribers, but it was necessary to somehow prevent the dissatisfaction of the main subscriber mass. Let's summarize and see why Beeline is transferring to a different tariff:
- To make communication between subscribers more profitable - indeed, modern tariff plans include large sets of services and are distinguished by their benefits. But for some people they are unacceptable;
- In order to bring profit to ourselves, we can say anything here, but no one will reveal the real reasons to us. After all, Beeline cannot say, “Yes, this is beneficial for us.” But on the other hand, any actions of operators are aimed at increasing their profits and tripping up competitors;
- To get rid of confusion with old archived plans, remember that some tariff plans come in dozens of versions . But this doesn’t make it any easier for subscribers!
Yes, Beeline is forcibly transferring subscribers to other tariffs, causing a flurry of negativity. But you have to come to terms with this.
How to refuse a tariff change
Sometimes people prefer to fight for the old tariff. In this case, you should first contact the subscriber service of the mobile operator. This can be done via online chat, telephone or other suitable means. In this case, you need to describe the problem in detail and carefully read the answer. Sometimes a company provides options that suit everyone.
If the answer is not suitable, you should use more powerful methods. To do this, you need to compose a letter and send it to the main office. This is done by Russian Post. You must order a delivery receipt. It is also acceptable to bring the application to the office in person. It must be compiled in 2 copies. It is important to receive an acceptance mark. It is of no small importance to obtain the incoming number on the client's sample.
In accordance with the law, the operator must respond to the letter within 30 days. However, the company does not always maintain the same tariff. However, sometimes the operator offers individual bonuses. Quite often such conditions turn out to be quite profitable.
If the issue cannot be resolved, all that remains is to go to court. This will require a written request and response from the operator. For the court, this will be evidence that the client is trying to independently resolve the situation in a pre-trial manner.
Why do operators change tariff conditions?
The dumping struggle of mobile operators has driven them into a dead end. In the struggle for the lion's share of the subscriber audience, the companies slightly miscalculated their strengths. Offering more and more “favorable and profitable” conditions for “smaller and smaller” subscription fees, they could not even think that “no matter how long the rope will twist,” and the end, as always, is predictable.
After all, if you look closely: today all operators offer approximately the same thing. Do you need to “catch” subscribers with something? So our “heroes” go to their next “feats”, luring more and more clients into their ranks.
Therefore, I personally always, under the terms of a very “tasty” tariff, immediately look for the line printed in small print. There you can almost always find a note in the form “promotion period is valid for 3 months.”
This means that the “appetizing” conditions will work exactly as long, and not a day more. And then the “carriage,” as soon as the clock strikes midnight, will turn into a “pumpkin.”
In addition, favorable tariffs are expensive for operators. If subscribers always “sit” where they originally signed up, new company offerings will not be in demand.
Legal practice
It is important to understand that, in fact, it will not be possible to refuse changes to the tariff plan. In any case, legal practice shows that the provision of services will be suspended. In this case, it is permissible to send an official refusal or not pay for the tariff. This will be considered the beginning of the completion of the contract.
Sometimes a written threat to switch to another operator works. Many companies actively attract customers. Therefore, they are ready to provide discounts on communication services.
The possibility of changing the tariff is usually fixed in the contract with the mobile company. Therefore, the mobile operator has the right to do this by law. However, before changing the conditions, he must notify the client 10 days in advance. If this was not done, the decision can be challenged. However, most often the tariff still changes. The only thing that can usually be achieved are discounts and bonuses.
How legal is it for an operator to change a tariff unilaterally?
Unfortunately, when it comes to the legality of such changes on the part of cellular operators, I have to admit that cellular companies act within the law. However, this could already be understood, because it would be very surprising if the cellular giants were deceiving their customers “right and left.” Unfortunately, we become victims of our own carelessness.
The fact is that the column about the possibility of changing the terms of the tariff plan or forcibly transferring the subscriber to another package is necessarily present in the agreement between the operator and the client. But who reads this contract when buying a SIM card, right?
However, subscribers still have rights, and the current legislation clearly states that the operator is obliged to notify the subscriber of a change in the tariff plan within ten days, and the subscriber, in turn, is obliged to express his disagreement within this period, or agree to the changes by simply continuing to use the services as usual.
