A “Zero SIM” Game?

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Mobile Cellular Policy
January 28, 2004
(http://www.pakistanlaw.com/mobilepolicy28012004.pdf)

6.9 CUSTOMER CHARTER
All Licensees are encouraged to publish a Customer Charter, to be approved by the PTA.
The GoP wishes to see a significant improvement in the availability and quality of mobile services. The Customer Charter should provide commitments by the Licensee to Customers in respect of the standard and quality of the Licensed Service.

6.10 STANDARD CONTRACT
The Mobile Cellular Licensee shall submit a Standard Customer Contract before the commencement of its services to the PTA for approval.
The Licensee shall prepare a standard contract of service for use with its customers.
The Licensee shall file the standard contract, and amendments thereto from time to time, with the Authority for its approval.
The standard contract, as approved by the Authority, shall apply to all customers that obtain Mobile communications services from the Licensee.

6.11 PROTECTION OF CUSTOMER FROM UNSOLICITED FRAUDULENT COMMUNICATIONS
Operators should put in place mechanisms to prevent abuse of the systems which result in customers receiving unsolicited or fraudulent communications.
The international growth in unsolicited and fraudulent use of the mobile networks enticing customers to make high priced calls (“Scamming”) is a matter of concern. PTA after consultation with the industry will establish a code of practice for Mobile Operators to prevent such use. The code of practice will be produced before the end of 2004.

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Introduction

The recent finalisation of the European Union Digital Single Market creates a striking contrast with the quality of service in the Pakistan cellular service provider market. While some parties pontificate about whether a decade-long negotiation process wasn’t a smidge excessive, the citizens of Pakistan know that 10 years is barely above 50% of the time since, for example, Ufone (established in 2000) was launched – & there is still little or no hope of an improvement of service quality or reduction in costs on the horizon.

But there is no need to get pessimistic about the matter. As long as there’s life, there’s hope. The first step towards recovery is to admit openly that you have a problem. Ufone, for instance, appears to have begun to embrace the concept of transparency. Last month, Ufone CEO Rainer Rathgeber held a press conference in which he promised to improve Ufone’s (occasionally horrific) service quality by, as a first step, discontinuing the “Zero SIM Distribution Program”. Zero SIMs are prepaid SIMs that Ufone has apparently been distributing free in Pakistan by the hundreds (or thousands) since an unknown date to unknown parties.

Therefore, in the spirit of assisting in Ufone’s recovery process (partly because I’m a Ufone SIM user myself), here are some pointers as to what the public might want to know:

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#1:- How Did Ufone Choose Candidates To Receive Zero SIMs?

According to the media, countless jailbirds (both current & former) have been found in illegal possession of SIMs – while serving their sentences – since cellphones were introduced in Pakistan. Considering that most ordinary law-abiding citizens have never even heard of zero SIMs – which is possibly why Mr. Rathgeber had to officially announce their existence – who exactly has been getting these SIMs?

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#2:- What Is The Average Life Span Of A SIM?

Every time there is a hiccup at a signal tower – & Pakistani cellular hiccups can take hours or days – a customer service representative is likely to inquire with an air of suspicion whether the customer is trying to blame a damaged SIM on the Cellular Service Provider. Gemalto, the world’s largest manufacturer of SIMs, is reported to be the supplier of most of the SIMs in use in Pakistan. How long does a Gemalto SIM card last?

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#3:- Why Does Ufone Randomly Block Calls Between Subscribers Who Are Related?

ACCEPT OR DEFLECT!!! The jolting demand is what subscribers see on their cellphones & have to answer that they definitely accept in order to talk to family members – if they are lucky. The rest of the time, said family members just get to hear a curt prerecorded message telling them that the recipient’s cellphone is off (even though it happens to be charged, on & un-engaged). What is going on?

 

“The Class Action Is One Of The Few Legal Remedies The Small Claimant Has Against Those Who Command The Status Quo.” – US Supreme Court Justice W. O. Douglas

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“Classy” Litigation

Unlike their freewheeling cousins in the United States, United Kingdom legal professionals have always striven to maintain the image of a conservative & cautious society. That being the case (pun intended), the MasterCard class action – born of new legislation that allows UK citizens to file consumer complaints en masse – came as quite a surprise, because it made one fact inescapably clear: The world needs the class action lawsuit. As a result, it is becoming increasingly important for the general public – but particularly for Developing World business & legal professionals – to familiarize themselves with the most common application of tort law in the United States: the class action.

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What Is A Class Action? (classactionlawsuitsinthenews.com)

A class action lawsuit is a type of representative lawsuit in which the claims & rights of many people are decided in a single case. Specific plaintiffs (interchangeably called “class plaintiffs,” “class representatives” “class reps” or “named plaintiffs”) are named in the class action lawsuit to assert the claims of the unnamed or absent members of the class so that everyone with the same complaint or injury doesn’t have to file their own separate lawsuit.

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How Many People Are Needed For A Class Action? (classactionlawsuitsinthenews.com)

A single person is generally enough to file a class action lawsuit so long as the class action attorney has a good faith belief that a number of other people were injured in a similar way. It is not uncommon for several people to be named as plaintiffs in the class action lawsuit. The named plaintiffs (also known as class representatives or class reps) file the class action lawsuit on behalf of the unnamed class members (the so-called putative class). At the appropriate time, when the class action lawyers move to certify the class, courts typically require that there be a showing of numerosity, i.e., that there are an adequate number of putative class members. Courts often differ on what is adequate in terms of the size of the putative class, but typically anything over 40 is sufficient to show numerosity.

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How Does A Case Become A Class Action? (classactionlawsuitsinthenews.com)

A class action lawsuit is generally initiated by one or more people who believe that they, along with a group of other people, have been wronged. They will typically hire a class action lawyer who then files a suit on behalf of persons (the so-called class representatives, or class reps or named plaintiffs) whose names appear on what is known as a class action complaint (that gets filed with a court) & on behalf of unnamed & absent class members (the so-called putative class). At the appropriate time, the class action lawyer files a motion for class certification asking the court to formally recognize the case as a class action by “certifying” the class. If the court grants that motion, the other people who were similarly wronged are typically notified of the class action lawsuit & are given an opportunity to participate in the class action as a member of the “class.” If they choose to participate, they will be bound by whatever happens in the class action.

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What Are The Common Types Of Class Actions? (resources.lawinfo.com)

Environment: Environmental issues, such as preventing pollution & maintaining clean water, typically do not solely affect individuals but rather affect large classes of potential plaintiffs. For example, groups of property owners have been successful in bringing class action lawsuits that allege that contamination of their properties decreased their property values. These kinds of cases lead the defendants, & other businesses, to change the ways in which they dispose of waste & to make greater efforts to avoid polluting the environment so that they can avoid future litigation.

Finance: Issues concerning predatory lending & breaches of securities law are often the subject of class actions. Often the victims of predatory lending or financial securities fraud or misconduct bring a lawsuit & require that practices be changed to protect the interests of future customers & investors.

Employment: When a single employee brings a lawsuit against his or her employer, the case often ends in a confidential settlement that may provide relief to the employee but often does not result in systemic change beyond the individual employer. In comparison, class action lawsuits can lead not only the defendant but also similarly situated businesses to change their practices. Common types of employment class action lawsuits include disputes over compliance with wage & hour laws, sexual harassment, discriminatory hiring or pay, hostile work places & other matters that are against state or federal law.

Civil Rights: Class action lawsuits are particularly effective at deciding important civil rights issues. Brown v. Board of Education was a class action lawsuit decided by the U.S. Supreme Court in 1954 that ended racial segregation in public schools, for example. More recent class action civil rights cases have been brought about challenging the fair conduct of certain police departments, the alleged sex discrimination policies of major corporations, & the alleged unfair treatment of people with disabilities.

Product Defects: Product defects have been, & continue to be, a significant amount of class action litigation. In 2010, a significant class action lawsuit was filed against Toyota for their allegedly defective vehicles that unintentionally accelerated, for example. If a successful settlement or verdict is reached, the class members of a product liability class action are entitled to damages based on their injuries & the defendant is required to make changes to prevent putting customers at risk in the future.

Dangerous Drugs: Dangerous defective drugs & pharmaceutical devices do not create injuries in just one person. Often many people are injured by the drugs or devices. In the past, class members have brought successful class action lawsuits regarding defective drugs, defective contraceptives & defective surgical materials. Defective drug class actions encourage pharmaceutical companies to develop better testing procedures and safer products in the future.