This information applies to England, Wales, Scotland and Northern Ireland
Before you buy a mobile phone, you should consider:
Reception signals for mobile phones may be stronger in some areas, for example, cities or towns, and weaker in others, for example, rural districts. If you are thinking about buying a mobile phone and live in a rural area, you need to find out how good the reception signal will be.
For more information about choosing a mobile phone service, go to the website of the communications watchdog, Ofcom at: 
www.ofcom.org.uk/consumeradvice.
Instead of a contract where you pay monthly rental charges and the cost of the calls, you can also choose a pay-as-you-go service, where calls are paid for in advance. With these, you enter into a contract to pay a set figure for a phone package that includes a handset, battery and free calls for a certain period of time, for example, one month. Alternatively, you may be given a voucher to pay towards the first calls that you make on the phone. When the voucher has been used up, you can buy more vouchers from the mobile phone company, or use a top-up card to top up your account. In this sort of arrangement, you enter into a contract for goods and services when you first buy the package and then into a contract for service each time you buy a voucher or top up your account, even though this contract may be unwritten (see below).
A contract for a mobile phone gives you the same rights as a contract for any other consumer goods or services. However, it is not always easy to know who your contract is with. It is important to establish who the contract is with in case you:-
Your contract may be with:-
Here, unless we say otherwise, we use 'mobile phone company' to cover whichever type of company your contract is with.
You may find it difficult to arrange a contract if you are not on the electoral register. This is because all mobile phone companies make a credit check and someone not on the electoral register may automatically fail this.
For more information about your rights as a consumer, see Buying goods - your rights, and Buying services - your rights.
Before you agree to a mobile phone contract, the mobile phone company must give you certain information. They can either tell you this verbally, or give you the information in writing.
The information they must give you includes:
If you make the contract over the phone, the mobile phone company must send you a copy of this information by letter or email. They must send you this in good time after the call.
If you do not get this information, you can make a complaint to the retail outlet which sold you the contract. For more information, see under heading Complaining about tariffs, billing and coverage.
The mobile phone company may also check your age and address. They may do this by asking to see a utility bill like a gas or electric bill, or a copy of your passport or driving licence.
You cannot return your phone or cancel the contract, just because you have changed your mind or found a cheaper deal, unless your contract allows you to do this. Check to see if your contract gives you a right to cancel. If it does, the mobile phone company may charge you to do this – details should be in your contract. However, there may be other circumstances in which you can cancel your contract free of charge: for example, if you have paid by credit, signed the contract in your own home, or ordered the service by post, phone or over the internet.
If any of these circumstances apply, you should talk to an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
If you do decide to cancel your mobile phone contract, contact the mobile phone company and let them know. Confirm the cancellation in writing.
Your mobile phone company should not charge unfair costs for ending a contract early. Guidelines from the communications watchdog Ofcom say that your company should not require you to give any more than thirty days' notice to cancel your contract.
You can be charged for ending your contract early, but not more than the remaining amount you would have paid under the contract. You should not be charged for any amounts that you might not have paid.
For more information about ending a mobile phone contract and additional charges, see the Ofcom leaflet, Additional charges at: www.ofcom.org.uk/advice/guides.
If you are unsure whether you have a contract or what type of contract you have, consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
The information in this section only applies to mobile phone contracts. It does not apply to pay-as-you-go mobile phone users.
The law says that a mobile phone company must not mis-sell you things. This means that when they are trying to sell you something, they must not leave out information, or give you wrong or misleading information. For example, they mustn't give you wrong information on costs and tariffs, savings or special offers.
Also, a mobile phone company must not put too much pressure on you or use aggressive behaviour to persuade you to start a contract.
The law says that mobile phone companies can't use a process called 'slamming'. This means that they can't change your mobile contract from one company to another without you knowing or giving your permission.
Slamming may also include 'passing off'. This means that mobile phone companies can't have sales people who claim to act for a different company. They also can't tell you that you are only signing up for information when you're actually signing a contract, and they can’t forge your signature on a contract without you knowing.
The law says that if the mobile phone company has a special offer giving you cashback or other incentives when you start a contract, then this offer must be fair.
This means that before you agree to a contract, the mobile phone company must give you certain information about the offer. They can tell you this information verbally, or give it to you in writing. The information they must give you is:
For more information on the differences between a network operator, a service provider and a retail outlet, see under heading Contracts – who the contract is with.
If you make the contract over the phone, the mobile phone company must send you a copy of this information by letter or email. They must send you this in good time after the call.
There are also rules that the mobile phone company has to follow when you contact them to apply for your cashback or incentive under the offer. This means that the company:
If you have a problem with mis-selling, 'slamming' or special offers on your mobile phone contract, you can complain to the retail outlet which sold you the contract.
If you feel that the outlet is not dealing properly with your complaint, you can contact your service provider and ask them to look into your complaint. For more information about complaining to your service provider, see under heading Complaining about tariffs, billing and coverage.
If an independent outlet has gone out of business, and you have not got your cashback or other incentive under a special offer, you should contact the organisation dealing with the outlet's affairs. You should also contact your service provider.
Usually, you will still have to make payments on your mobile phone contract even if the outlet has gone out of business. This is because the contract for the cashback or incentive is separate to the mobile phone contract. You won't normally be able to stop the mobile phone contract before it finishes without paying a charge. Sometimes, the service provider might give you some money back, or let you change or cancel your contract.
If you want to sell your handset to someone else, check whether your contract allows this. Someone who wants to buy a second-hand mobile phone handset should check whether it is possible to use airtime which was originally bought by another person. Sometimes the mobile phone company may agree to a transfer, but make a charge. The mobile phone company will also check whether the phone has been stolen before agreeing to transfer the contract.
If your mobile phone is stolen, immediately inform the police and the mobile phone company. The mobile phone company will usually disconnect the service so that you do not have to pay for unauthorised phone calls. You may still have to pay for line rental for this period, but check the terms of your contract. If your mobile phone is stolen, it may be covered by your household insurance; check whether a claim can be made.
You may want to register your phone, free of charge, on a national database at www.immobilise.com. You can use the website to report the loss or theft of your phone. The police can also use the database to return it to you if it is later recovered.
If you have a problem with the phone (handset), it is the seller not the service provider who is responsible for dealing with your complaint. For more information about complaining to the seller, see under heading Mis-selling, slamming and special offers for mobile phone contracts.
If you have a problem with your mobile phone service, you will need to contact the company that you have a contract with. For more information about complaining to the company you have a contract with, see under heading Complaining about tariffs, billing and coverage.
It is a criminal offence to use a hand-held mobile phone when driving. This includes when you are waiting at traffic lights or in a traffic jam. You can get a fixed penalty of £60 and three penalty points on your licence if you break the law. The only exception is if you use the phone to dial 999 or 112 in a genuine emergency where it would be unsafe or unpractical to stop.
You can use a hands-free mobile phone, but if you lose control of your vehicle while using it, you also risk getting a fixed penalty of £60 and three penalty points.
If a case goes to court, in addition to points, you could face disqualification on top a maximum fine of £1,000 (£2,500 for drivers of buses, coaches or goods vehicles.)
These rules apply to motorcyclists as well as vehicle drivers.
You can find out more about mobile phones and driving at:
www.thinkroadsafety.gov.uk/advice/mobilephones.htm.
Responsibility for the bill will depend on the contract. For example, some mobile phone companies will allow only one person to take out the contract. Other mobile phone companies may allow a contract to be taken out in joint names. In either case, the people or person named on the contract is responsible for payment of the bills regardless of who actually made the telephone calls.
If you have an expensive bill as a result of calls made by someone who is not a joint account holder, for example, by a friend or family member to whom you lent the phone, consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
It is possible that a fault may have occurred which is the responsibility of the mobile phone company. However, mobile phone companies usually offer an itemised billing service, showing date, time, duration and cost of calls so you can check whether or not a high bill is due to the calls made or a fault.
If you wish to challenge the bill, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Premium rate services give information and provide entertainment over the phone, for example, weather information, competitions and message exchange services.
Premium rate calls cost more than ordinary phone calls, and can be especially high from mobile phones.
The phone numbers of most premium rate services start with '090', and services of an adult nature start with '0909'. On mobile phones, text shortcodes prefixed by 2, 6 or 8 that are 4 or 5 digits long are premium rate services. Directory Enquiry services which begin with '118' are also premium rate numbers.
If you have a problem with a premium rate telephone service, or have been wrongly charged for using a premium rate number, you can complain to the premium rate services regulator PhonepayPlus.
PhonepayPlus have a number checking facility on their website which allows you to find more information about premium rate numbers that appear on your telephone bill. They can also give you advice about what to do next. For more details about how to contact PhonepayPlus, see under heading Useful organisations.
You may get unsolicited text messages for premium-rated services, for example, ring tones. If you do not want this service, text back with the word 'stop'. If you are being chased for a service that you didn't ask for, or if the company carries on sending you texts after you have asked them to stop, you should contact the company and ask for a refund. You can find contact details for most companies on the website of PhonePayPlus - see under heading Useful organisations.
If you have a complaint about tariffs, billing and coverage on your mobile phone, you should speak to your mobile phone service provider about it.
All service providers are required to have a formal customer complaints process.
If you have made a formal complaint to the service provider and this hasn't solved the problem, you can try using the company's Alternative Dispute Resolution (ADR) scheme. Your service provider might belong to one of two ADR schemes which have been approved by Ofcom:
You can find more details about Otelo and CISAS under the heading Useful organisations.
All service providers are required to have an ADR scheme. They are breaking important consumer protection rules if they don't. If your service provider won't tell you about its ADR scheme, you can call Ofcom for details, or look on their website – see under heading Useful organisations.
You can find detailed guidance about making a complaint on the OFCOM website at www.ofcom.org.uk [please make a deep link to www.ofcom.org.uk/complain/mobile.
Contact Centre
Riverside House
2A Southwark Bridge Road
London SE1 9HA
Enquiry line Tel: 0300 123 3333
Switchboard: 020 7981 3000
Textphone: 0300 123 2024
Fax 020 7981 3333
Website: www.ofcom.org.uk
Ofcom is the telecommunications watchdog in the UK. Ofcom do not investigate individual complaints against phone service providers, although they log every complaint about a company. If one particular company seems to be causing concern for consumers, they may consider investigating them.
PO Box 730
Warrington
WA4 6WU
Tel: 08450 501614
Textphone: 18001 08450 511513 or 18001 01925 430886
Fax: 08450 501615 or 01925 430059
E-mail: enquiries@otelo.org.uk
Website: www.otelo.org.uk
Otelo (the Office of the Telecommunications Ombudsman) may be able to help you with a complaint about a phone company if the company is a member of Otelo. You must have first used the company’s own complaints procedure.
24 Angel Gate
City Road
London
EC1V 2PT
Tel: 020 7520 3827
Fax: 020 7520 3829
E-mail: info@cisas.org.uk
Website: www.cisas.org.uk
CISAS (Communications and Internet Services Adjudication Scheme) may be able to help you with a complaint about a phone company, if the company is a member of the CISAS scheme. You must have used the phone company's own complaints procedure first.
Clove Building
4 Maguire Street
London
SE1 2NQ
Tel: 0800 500212 (8am to 8pm Monday to Friday)
Fax: 020 7940 7456
Website: www.phonepayplus.org.uk
PhonepayPlus is the premium rate services watchdog. PhonepayPlus have a number checking facility on their website which allows you to find more information about premium rate numbers that appear on your telephone bill. They can also give you advice about what to do next.
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