
For the triumph of evil, only one condition is necessary.
- so that good people sit with folded arms. (c) Edmund Burke
After reading the article
LMonoceros "How Megaphone burned on mobile subscriptions", I was wound up and annoyed by the established practice, when Russia's largest cellular operator allows itself to make similar earnings schemes.
It didn’t touch me directly - I personally haven’t yet written off Megaphone for money. Simply, in recent years, living in Russia, I feel less and less protected. I am sure that my feelings are shared by many Habr readers.
Really, we can not do anything? - I asked myself, - is there really no way to fix everything and we are doomed to slipping into a totalitarian dystopia? Or our fate is not predetermined - and we still have a chance?
')
It seemed to me that I know the answer. Like all of us, I guess. Therefore, preparing to move to Thailand.
The literary activity made me change my mind. When every day, in addition to your life, you live the life of a fictional character, it is difficult not to succumb to his influence. The confidence of the hero, that you can find a way out of any situation, was gradually transferred to me. And I decided to try to fix the world. Let not all, not immediately and not entirely. But at least that I can.
“One desire is not enough,” the meticulous reader will say, “we need a working plan.” Do you have it?
- Do I have a plan? Do I have a plan? Yes, I have three plans! - I will repeat after the well-known private detective I, - let's discuss them!
Before proceeding to the discussion of the actual plans, I want to share my bewilderment and ask the lawyers for advice.
As a subscriber of MegaFon, I signed a contract with them, which, I confess, I did not immediately read. This is also because I did not see the point: the reality is that I can either conclude an agreement on the terms of an operator, or do without cellular services.
Having decided to figure out exactly what I signed, I went to the mobile phone shop and asked for a copy of the contract I signed. And he was extremely surprised: the “Service Agreement” was extremely laconic and consisted of only a couple of sentences:
I, the subscriber, confirm that I have read and agree with the terms of the provision of Megafon communication services, the terms of the selected tariff plan and other parts of the contract. (clause 2.1.13 of the Terms).
I was surprised that the contract, in fact, does not contain anything. Terms of communication services - may be changed by Megaphone in their favor at any time. Or they have already been changed - the document lying on the site is named: “usloviya_01.07.2018” - that is, this version of the document is not the version with which I agreed, signing the contract in 2013.
The conditions themselves, however, are extremely incorrect. Even such a crucial moment: can the operator put me in debt, is omitted in them:
The Subscriber pays for the Services by means of an advance payment system (advance payment) if the Contract and the Tariff Plan, the conditions for the provision of certain Services or the supplementary agreement to the Agreement do not establish the conditions and procedure for applying the credit payment system (deferred payment) or a combination of the above payment systems.
In fact, this means that I, due to a device malfunction, for example, can owe a million rubles to Megaphone. And this is not a joke or speculation:
On February 22, 2011, the Leninsky District Court of the city of Vladimir rejected the claim of the operator Megafon to its subscriber Galina Pustinskaya for the recovery of a roaming debt in the amount of 1 million rubles.
In the summer of 2011, Roman Simonov and his wife purchased a 3G modem with a SIM card from MegaFon, signed a contract for the mother-in-law, and went on a honeymoon trip to Greece. There, they discovered that the modem works on the local 3G network. With it, the couple went to MegaFon’s website and tried to find out the tariffs for 3G roaming in Greece, but did not find such information (there are only GPRS roaming prices on the site).
Then the couple considered that they could use the Internet until the end of the funds on the account, which was about 700 rubles, and began to download the series to the computer.
The next day, a representative of the security service of MegaFon phoned Galina Pustinskaya and said that her debt for communication services exceeds 1 million rubles. In "Megaphone" explained that they could not turn off the modem immediately after care in the negative, so information about Internet roaming comes to the operator with a delay of several days. However, the newlyweds refused to pay the bill, citing the fact that they are subscribers of the advance tariff plan, and the maximum amount of "credibility" to which MegaFon subscribers can go into minus is 900 rubles.
Information about the features of Internet roaming pricing is not in the contract, but in the supplementary agreement to it, which is posted on the operator’s website, and which doesn’t warn subscribers when signing a contract, adds Simonov.
As a result, Megafon filed a lawsuit against Pustynskaya to collect the debt, demanding, due to its insolvency, to seize the apartment and the garage belonging to it.
Regarding the court decision, MegaFon stated that they did not agree with him, and they would appeal against it. “No one doubted that Megafon would sue us further,” Roman Simonov said in response.
A source:
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