EU cracks down on ringtone-scam websites

ANDREW WILLIS

17.11.2009 @ 17:37 CET

EUOBERVER / BRUSSELS – Ringtones have become an inescapable part of our everyday lives, with an increasing number of mobile phones bursting into song when receiving an incoming call.

But irrespective of whether you opt for Mariah Carey, a classier Beethoven's Fifth or simply quiet disdain, ringtone scams have risen in recent years across the European union, with children in particular being targeted.

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On Tuesday (17 November) the European Commission announced the results of a EU-wide crackdown on companies investigated for mis-selling ringtones, wallpapers (screen pictures) and other mobile phone services. Norway and Iceland were also included in the examination.

Of the 301 websites identified in a ‘sweep' in June 2008 as being in breach of EU rules, 159 websites have now been corrected, while 54 have closed down, announced EU consumer policy watchdog Meglena Kuneva.

Complaints from EU citizens over unclear pricing, a lack of trader information and misleading advertising promoted the EU executive to carry out the second-of-its-kind probe, following a similar exercise into airline ticket websites in 2007.

The value of European ringtone sales was estimated at €691 million in 2007, with the majority of the take-up coming from younger citizens.

"Young people should not have to fall victim to scams like misleading advertising that lure them into ringtone subscriptions they thought were free," said Ms Kuneva. "And parents should not have to find nasty surprises in their phone bill," added the Bulgarian commissioner.

Children targeted

Near the European Commission buildings, students poured out of the Émile Jacqmain secondary school to spend their lunchbreak in Brussels' Park Leopold.

Most seemed unaware of the recent investigation, but several pupils indicated it was now possible to download different ringtones that were genuniely free from the internet, rather than send an expensive text message to a company and have it sent directly.

"Phones have become more advanced, you don't have to pay any more," said 17-year old Simon, describing how he simply linked his phone up to the computer using a cable. "It's really a trap for younger kids who don't realise you can get them for free from the internet."

However, he described a previous experience when he did send a text message to a particular website to buy a ringtone, expecting to be charged a one-off payment, only to discover some time later that several euros a month were being deducted from his phone credit.

Of the 301 problematic sites investigated by national authorities, over half appeared to target children by using cartoon characters or well know television characters.

In Italy, nine companies which were found in breach of the rules during the sweep were fined around €2 million, including the well-known Telecom Italia and Vodafone firms.

Next year will see national authorities continue to work on the outstanding cases. And while the there is no room for complacency, "there has been a step-change in the level of compliance since June 2008," said Ms Kuneva.

The EU used the Unfair Commercial Practices Directive, the Distance selling Directive and the eCommerce Directive as the main legal basis for the sweep.

The European Consumers Organisation, BEUC, welcomed the initiative and stressed that EU laws had little effect unless they were properly enforced.