Ofcom examining T-Mobile changes to data download limits

T-Mobile's sudden changes to its terms and conditions governing customer data download limits are being examined by Ofcom.

The communications regulator is looking at whether the mobile phone operator is breaching rules that say customers must be given reasonable notice about changes and information about their cancellation rights.

All communications providers have to abide by these but T-Mobile announced yesterday that in three weeks, from 1 February it was changing its terms and conditions to reflect a new fair usage policy.

This will significantly lower the monthly data download limit on all its contracts.

Currently, these are set at either 3GB or 1GB but will now be cut to 500MB. T-Mobile said the changes would "affect both new and existing customers".

It is also telling its customers that they can't cancel their contracts if they are unhappy with the changes.

In Twitter messages being sent to disgruntled customers, the mobile operator has said: "Hi, T-Mobile will not accept this change as grounds to cancel your contract as it's providing reasonable notice that our FUP is changing."

We asked Ofcom to clarify the rules communications providers have to abide by and it told us that: General Condition 9.3 of Ofcom's rule applies to consumer contracts.

"Communications providers must consider whether changes to conditions in their contracts will be of material detriment to their customers.

"If consumers are being notified of a change which is likely to cause them material detriment, the communications providers must, under General Condition 9.3, provide them with one month's notice of the change and inform them that they are entitled to terminate their contract without penalty if the change is not acceptable to them.

"We encourage unhappy consumers to speak with their provider about concerns that they may have. If the problem relates to a particular term or condition, then the consumer may log his complaint with Ofcom.

"Ofcom monitors complaints about the behaviour of communications providers and if there is a high volume of complaints about a particular issue, we investigate and take action as require, on the basis of administrative priority."

We put it to T-Mobile that by giving only three weeks notice and refusing to let customers cancel their contract they appeared in breach of Ofcom's rules. Currently we have not received a reply.

We have also asked the Office of Fair Trading if the changes by T-Mobile may breach the Unfair Terms in Consumer Contract regulations