Am 15.07.2014 14:11, schrieb scott:
> So within the EU roaming charges for using your phone abroad are now
> capped pretty low. However I found out that on my phone provider

> privilege of getting my UK charges (ie free texts/minutes etc).
>
> However, some days I sent only 1 text message, which should be capped at

> person at vodafone I spoke to said it was in the T&C when I signed up,
> but surely that can't override EU law?

There is no such thing as "EU law". There are "EU directives", but those 
never become laws themselves - it is up to the individual EU member 
countries to pass national laws to implement those directives. And 
although a country failing to implement a EU directive properly and 
within due time might be penalized, only the existing national laws are 
binding for individuals and companies.

So there's essentially two (or even three) questions that would need to 
be answered:

(1) Does the corresponding law in the UK forbid such loopholes? (Or, if 
the law isn't entirely clear about this: (1b) Does the jurisdiction in 
the UK typically interpret the law as forbidding such loopholes?)

If yes, then you might actually be able to get your money back (or keep 
it in the first place, which is usually the more efficient solution), 
and consumers' organizations or competitors might have enough leverage 
to stop the company from acting this way.

If no, then the company isn't doing anything wrong.


(2) Does the EU directive forbid such loopholes?

If yes, then consumers' organizations might have enough leverage to 
enforce a change of UK law. Nonetheless, the company still isn't doing 
anything wrong, and won't be until the changed UK law would come into 
effect.

If no, then all that can be done about it is lobbying for a change of 
the UK law.

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