Mobile network operators often update their tariff plans. They add different services and increase the cost. Old packages are often archived. New users who buy a SIM card are no longer able to activate the archived package. When a new plan arrives, subscribers receive a message about transferring to these terms. Thus, the question whether cellular operators can forcibly change a person’s tariff should be answered in the affirmative.
What the law says
When changing the tariff plan, mobile operators perform all actions in the legal field. Usually there is a corresponding clause in the contract for the provision of services. It says that the tariff can be changed by the mobile company. However, many people ignore the terms of the contract. That’s why they believe that such actions are contrary to the requirements of the law.
In fact, the legislation of the Russian Federation states that the mobile operator is required to notify the client of the change in the terms of service. This is done 10 days before the expiration of the package.
In other words, “Beeline”, “Megafon”, “MTS” or other companies cannot change the tariff without notifying their client. This means that they have to send an SMS message in advance. Sometimes operators call the client and tell him about the new tariff plan.
The way of informing does not really matter. At the same time, the client must know that within 10 days he will be transferred to the new tariff plan. The old package will be archived. This means that its support is terminated.
At the same time, there is another note in the legislation: the client must agree to change the tariff. Mobile operators are aware of this, while users are often unaware of this rule. If the customer does not send complaints, denials or claims, their silence is generally perceived as acceptance of the terms offered.
How a mobile operator can notify a user
The laws of the Russian Federation state that a cellular company is required to notify users in advance of a change in service conditions. This can be done in various ways. Most often, mobile operators send an SMS-message to the client. Sometimes they call you and tell you about the new terms.
Regardless of the method of informing, it is important to adhere to deadlines. The client must know 10 days in advance that he will be switched to the new tariff.
Silence is a sign of agreement
If the client does not react to the message of the operator, it is interpreted as his consent to the change of tariff. If you want to assert your rights, you should observe the following rules:
- If you receive an SMS notification that informs you that your number will be switched to a new tariff in the foreseeable future, you should study the terms carefully. It is important to analyze the information about the conditions in the current and proposed packages. This will help you to understand whether the new tariff will be suitable.
- Go to your personal profile on the website of the mobile network operator. Regardless of the company, your account will most likely contain information about your call record. There is also information about the amount of service. This will help you understand if a new package is suitable for you.
- Study the line of current tariffs, the conditions of which the mobile company does not plan to change. It is likely that the list of available plans will contain the best tariff that will be more favorable than the package offered by the operator. If you have such an offer, it’s better to switch to it right away. You don’t have to wait for a ten-day period.
If there are no optimal options among the available tariffs, and there are no plans to use a replacement either, it is worth officially contacting the operator. To send a claim, it is recommended to contact the support service and explain the situation.
At the same time you should inform the operator that the tariff change is categorically unsuitable. It is likely that the company will compromise and provide a discount. Often operators offer special terms to such customers. Mobile companies also don’t want to deal with users’ claims or take part in court proceedings.
To get the desired result, it is worth setting out the requirements and claims in writing. Then send them by letter to the operator’s head office. It is important to do so with notification of receipt by the requisites. It is recommended to send a letter with your claims by Russian Post. It is also acceptable to visit the operator’s office in person and submit the corresponding application. It should be drawn up in two copies.
How to refuse a change of tariff
Sometimes people prefer to fight for the old tariff. In this case, you should first contact the subscriber service of the mobile operator. This can be done by online chat, by phone or by other appropriate means. It is required to describe the problem in detail and carefully read the answer. Sometimes the company provides options that suit everyone.
If the answer is not suitable, it is worth applying more powerful methods. This requires compiling a letter and sending it to the main office. This is done by the Russian Post. Be sure to order a notice of receipt. It is also acceptable to personally bring an application to the office. It should be drawn up in 2 copies. It is important to get a stamp of acceptance. It is important to get an incoming number on the client’s sample.
In accordance with the law, the operator must respond to the letter within 30 days. At the same time, the company does not always leave the same rate. However, sometimes the operator offers individual bonuses. Quite often such conditions turn out to be quite favorable.
If the problem has not been resolved, all you have to do is go to court. In this case you will need a written application and a reply from the operator. For the court it will become a proof that the client has tried to solve the situation in pre-trial order.
It is important to understand that, in fact, it will not be possible to refuse changes in the tariff plan. In any case legal practice shows that the services will be suspended. In this case, it is acceptable to send an official refusal or not to pay for the tariff. This will be regarded as the beginning of the end of the contract.
Sometimes a written threat to switch to another operator works. Many companies actively attract customers. That’s why they are willing to give discounts on communications services.
The possibility of changing the tariff is usually fixed in the contract with the mobile company. Therefore the cellular operator has the right to do so by law. However, before changing the terms he has to notify the customer 10 days in advance. If this has not been done, the decision can be disputed. However, more often than not, the rate does change. The only thing that can usually be achieved are discounts and bonuses.