(Ringtones, games, music, sport, voting, chat, news etc).
What, when, why and how much?
The latest generation of mobile phones are more like personalised mini-computers, offering interactivity, personalisation and access to a host of entertainment and information services such as games, ringtones and the latest sports results and transport timetables.
These services are examples of “mobile premium SMS/MMS services”.
Mobile premium SMS/MMS services can be useful and fun, but as with any purchase, it’s important that you understand exactly what you’re asking for – and how much it costs – before using them.
This guide hopes to assist you work out what’s what and help you enjoy mobile premium SMS/MMS services without any surprises.
What are mobile premium SMS/MMS services?
Mobile premium SMS/MMS services are information or entertainment services or downloads for your mobile phone or mobile-enabled device. They are provided by premium service providers and carried over the mobile network by your mobile phone carrier. The premium service provider charges you a fee for the premium SMS/MMS which is then billed on your mobile phone bill. As the name suggests, premium services usually attract a premium fee – i.e. the fee will be over and above normal SMS/MMS charges.
Examples of mobile premium SMS/MMS services include:
Ringtones Sports scores or highlights Music clips Mobile wallpaper Games Age-restricted (adult) content
Chat services News & weather Financial data HSC results Directory enquiry services Horoscopes
How can I get a premium SMS/MMS service?
Mobile premium SMS/MMS services are ‘opt-in’ services: the premium service provider must ensure that you have actively requested them. You opt-in by calling or texting a number (which will start with “19” and is also known as a “shortcode”) or by accessing the internet – either through your mobile handset or from a computer.
For example, you might send an SMS to a shortcode or order the service through a website. If you’re accessing it through a website, you’ll have to enter your mobile number in order to receive the service.
As the name suggests, mobile premium SMS/MMS are usually delivered to your mobile via SMS or MMS. Most mobile phones are capable of accessing premium SMS/MMS services, but you should check yours is compatible before ordering services.
How do I recognise that it’s a premium SMS/MMS service?
If it’s an entertainment service delivered to your mobile, or information or download, as described above, it’s probably a premium SMS/MMS service.
By law, mobile premium SMS/MMS services must be offered from numbers starting with ‘19’. So, if you are texting or calling a number, check to see whether it’s a shortcode beginning with “19”.
What will it cost?
The pricing of premium SMS/MMS services is determined by the provider of the premium service and by law must be clearly stated in any advertising for the service.
Costs will vary depending on the type of content and frequency of delivery. For example, premium SMS/MMS can be one-off services (with one-off costs), or subscription services (with on-going costs). Costs may be calculated in a number of ways – for example a set cost: e.g. $3 per SMS; or a time or data-based fee: e.g. $2 per minute or per Megabyte downloaded; or a combination of the two: e.g. $5 per ringtone or game plus a download charge of $1 per Megabyte.
Note also that some subscription services send you multiple messages per week or even per day and that for some services you may be billed for messages you send from your mobile and messages received by your mobile – so the costs can soon add up.
Before subscribing, make sure you understand how the charging works: how much it costs, how often you’ll be charged and what the total cost to you will be. If you are unsure about anything, check with the provider of the premium SMS/MMS service before signing up.
How do I cancel a premium SMS/MMS service?
Providers of premium SMS/MMS services must advise you how to unsubscribe from the service.
To cancel a service, SMS ‘STOP’ to the provider of the premium content service you wish to cancel. It may be a case of simply replying to the number sending you the service or you may have to text another 19 number (details should be provided in the body of the premium SMS/MMS service). If you are having any problems finding contact details, contact your mobile phone carrier.
The ‘STOP’ request should be activated within about 10 minutes, but certainly within one business day. In the interim, you shouldn’t be charged for any further premium SMS/MMS messages you receive. It’s a good idea to make a note of when you opt-out of any services (or keep the text that you sent) – just in case there are any problems.
What do I do if I get an SMS I didn’t subscribe to?
If you’ve received an SMS you don’t remember asking for, you may have received a spam or scam.
There are three main types of illegal spam messages you can receive on your mobile: unsolicited messages that have been sent to you without your consent; unidentified messages sent to you without clear identification of the sender; and unstoppable messages that don’t have a working ‘unsubscribe’ facility.
Mobile scams are designed to trick you into using premium SMS/MMS services.
Spam and scams are illegal. Further information and hints for dealing with mobile spam and scams – and a range of other ‘consumer tips’ - is available on AMTA’s website – www.amta.org.au – under “consumer tips”.
Prevention is the key
To help you identify whether what you’re receiving is spam, scam or a premium SMS/MMS service that you actually requested, it’s a good idea to:
- Be careful when registering your mobile phone details with any organisation, signing up or giving out your details. Do they need your number and what will they use it for?
- Always read the fine print carefully to find how your mobile number will be used if you register your contact details. Companies can legitimately send you advertising with your consent, but you can always opt out.
- Check how much it will cost before dialling a premium voice number (190x) or using a premium SMS/MMS (19x) number – especially if it’s a response to an unsolicited voice call or text message.
- Keep a record of all opt-in and opt-out messages sent – that way you can double-check whether you’ve subscribed (or unsubscribed) to any service.
- Ask questions if you have any doubts or you don’t understand. A company offering genuine products and services should answer all your questions.
- Be wary of offers that sound too good to be true – they probably are! Are ‘free’ offers really free or are you paying for them elsewhere? If you read the words ‘T&Cs apply’ or ‘Conditions apply’, find out what they are because the offer may not be so tempting when you consider all the terms and conditions.
Other hints
- Record which services you are using and the costs so that you don’t get any surprises when the bill comes.
- Always check your bill for any charges you did not authorise. Premium rate calls and subscription services should be included on your bill. Contact your mobile phone company if you have any questions.
- Check if your mobile phone company can place a monthly spending limit on premium SMS services. Some mobile phone companies impose an automatic monthly spending limit on the total bill, which they may be able to reduce.
- Don’t lend anyone your phone unless you really trust them – if they use your phone to make calls/subscribe to premium services you’re the one that has to pay! This includes lending your phone to your children. If you need anyone other than you to have regular access to a mobile phone, consider purchasing them a pre-paid service rather than lending them your phone. Alternatively, talk to your mobile carrier about mechanisms to limit or bar access to premium SMS services (international calls, etc.).
- If you lose your phone or it is stolen make sure you contact your mobile company quickly so that they can block your phone and prevent someone else running up huge bills.
Help and further information
Further detailed information about mobile content services is available on a new dedicated website:
http://www.19sms.com.au/
If you have a problem with a mobile premium SMS/MMS service, talk to the company providing the premium service or your mobile carrier. Your carrier may also be able to help in the first instance for spam and scam issues.
If you are unhappy with the response for premium service SMS/MMS issues, you can contact the Telecommunications Industry Ombudsman (TIO). The TIO provides a free and independent service for telecommunication consumers in Australia. See: www.tio.com.au or 1800 062 058.
For spam and scam issues, you can make complaints to the Australian Communications and Media Authority (ACMA) – see below for further details.
Communications Alliance
The mobile premium services industry is governed by the rules of the Mobile Premium Service Industry Scheme. This sets out rules about ensuring that mobile customers are provided with clear, transparent information about premium services and sets out how complaints are to be dealt with. The Scheme is administered by Communications Alliance (CA). Details of the Scheme are provided on CA’s website at http://www.commsalliance.com.au/Activities/Mobile_Premium_Services/customer_information
Australian Communications and Media Authority (ACMA)
ACMA is responsible for administering a range of telecommunications regulations including the Mobile Premium Service Industry Scheme – the scheme that governs the way providers of mobile premium services do business and for enforcing the Spam Act 2003. Contact ACMA on: 1300 850 115 or at www.acma.gov.au
Australian Competition and Consumer Commission (ACCC)
The ACCC is responsible for administering the Trade Practices Act 1974 and has a wealth of information to help consumers identify and deal with scams, including a free newsletter, Consumer Express, which provides information on the latest types of scams. See: www.scamwatch.gov.au, or phone: 1300 302 502.
Office of Fair Trading
Your local Office of Fair Trading is responsible for administering consumer-based laws and looking after the rights of consumers. They also have information about the latest scams. Contact details for all Fair Trading Offices can be found at: http://www.scamwatch.gov.au/content/links/links.asp
Australian Securities and Investments Commission (ASIC)
ASIC enforces and regulates company and financial services laws to protect consumers, investors and creditors.
If you want to check if a company exists, or on the status of that company, you can look at the ASIC website at www.asic.gov.au, or phone ASIC on 03 5177 3988.
Disclaimer: These tips are intended to assist potential users of the services described with general information that is usually relevant to those services from a consumer perspective. Specific circumstances may affect any information provided above. Users should also note that the nature and features of the services described above may change, and while AMTA endeavours to keep up with changing circumstances, it cannot guarantee that the information provided above will be current or will correctly describe the relevant service at a particular point in time.
The tips are not intended to provide advice of any kind in relation to particular circumstances, nor are they intended to endorse, recommend, or guarantee any companies, organisations, products, or services that are mentioned. Potential users of the services described above must make their own enquiries and, where necessary, obtain their own independent advice in relation to any of the activities referred to in the Consumer Tips, and of the companies, organisations, products or services mentioned in these pages. AMTA accepts no responsibility for the consequences of any decisions that users may make as a result of any information they have gained from AMTA's Consumer Tips.
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