I’ve lost count of the number of people‚ mainly older folk‚ who’ve contacted me to say they unwittingly acquired a second contract after getting a telesales call about a “phone offer”.

Take Liz Horner of Durban’s experience‚ which began last July.

“I was offered a free phone as a valued Vodacom customer‚” she told In Your Corner in an email.

“It duly arrived and I took it to a Vodacom shop at the Pavilion and asked them to transfer my sim card to the new phone‚ and for a new sim card so I could use my old phone as pre-paid phone.”

She was told to buy one elsewhere‚ which she did.

“As far as I was concerned that was all there was to it‚ until I discovered that Vodacom was billing me an extra R79 per month‚ and when queried this‚ they said I had contracted for the extra phone for two years.

“I was not aware that I was tying myself into another contract — this was never explained to me at the time‚” Horner said.

As for why the second contract phone did not come with a sim card‚ Horner says she was told it had been delivered to her home‚ but she insists she didn’t receive it.

“This has been very frustrating for me‚ and even if they are legally correct‚ I find this practice very unethical‚” she said.

I took up the case with Vodacom spokesman Richard Boorman‚ asking him to retrieve the recording of Horner’s telesales call last July in order to establish whether or not she was told she was entering into a second contract‚ and how much it would cost her‚ and whether she clearly agreed to the deal.

“A lot of older folk claim they were sold a second contract without realising it‚” I wrote.

“Given that very few of them actually want or need a second contract‚ to my mind this ought to be very clearly established during those telesales calls. As in: “You already have a contract with Vodacom. By agreeing to this deal‚ you will get a new phone‚ but it will come with a second contract. Is this what you want?”

 “Until it is spelled out like that‚” I wrote‚ “I will remain convinced that the telesales scripts are not transparent enough and do not constitute full disclosure‚ as required by the CPA.”

Boorman responded: “My colleagues have listened to the call and the feedback is that it’s ‘borderline’ – and in that case we will definitely err on the side of the customer.

“The information was all explained and Mrs Horner did acknowledge all the points made‚ but the explanation did feel rushed.

 “We’re taking this up with the call centre and the agent involved – we certainly do not condone the eventuality that a customer ends up getting a product or service that they were not expecting.

“I’d like to apologise to Mrs Horner for the frustrating experience. We are processing a full refund.”

Had that not been the outcome‚ I would have advised Horner to request access to the call — as is the consumer’s right in the case of telesales deals‚ according to the National Consumer Commission — in order to hear that full disclosure and agreement for herself.

WHAT TO DO

Telesales scripts are notoriously designed to emphasise the benefits of a deal and skim over the financial implications‚ and many consumers have no idea of what they’re getting into.

Best avoided‚ if you ask me. Spread the word.

But if you do agree to a product or service during an unsolicited marketing call‚ you have five business days in which to cancel for a refund of any money paid. You don’t have to give a reason‚ but you must do the cancellation in writing.