Own initiative investigation into EE about its compliance with metering and billing requirements

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Complainant: - Ofcom Own initiative
Investigation against: EE Limited (trading as 4GEE, Orange and T-Mobile)
Case opened:  29th January 2016
Issue: Whether EE has complied with its obligations under General Condition 11 requiring Communications Providers (“CPs”) to accurately bill consumers for their usage of communication services. 
Relevant instrument: General Condition 11 (specifically 11.1) of the General Conditions of Entitlement (“GCs”).

Following consideration of information provided by EE in response to Ofcom’s enquiries, Ofcom has decided to open an investigation into EE’s compliance with GC 11. GC 11 places obligations upon all CPs to, amongst other things, ensure that every amount stated in the bill is accurate.  GC 11.1 specifically states that:

“The Communications Provider shall not render any Bill to an End-User in respect of the provision of any Public Electronic Communications Services unless every amount stated in that Bill represents and does not exceed the true extent of any such service actually provided to the End-User in question.”

As part of our monitoring and enforcement programme in respect of compliance with metering and billing requirements, Ofcom became aware of evidence that EE may have charged some customers US roaming rates when calling customer services using the “150” number from within the European Economic Area (EEA) between 1 July 2014 – 20 July 2015. 

Ofcom has therefore decided to open an investigation that will examine whether there are reasonable grounds to believe EE has failed to comply with its obligations under GC 11.

Case Leader: Ian Vaughan (ian.vaughan@ofcom.org.uk)
Case Reference: CW/01174/12/15