Moved by
Lord Clement-Jones
5: After Clause 2, insert the following new Clause—
“Bill limits for mobile phone contracts
(1) A telecommunications service provider supplying a contract relating to a handheld mobile telephone must, at the time of entering into such a contract—
(a) allow the end-user the opportunity to place a financial cap on the monthly bill under that contract;
(b) allow the end-user to switch (at no extra charge) to another provider, which meets the specified standards or obligation as provided for in section 3, or to deem the contract to have been terminated by a consistent breach of the standards or obligation as provided for in section 3;
(c) allow the end-user to switch mobile providers according to rules set out by OFCOM in accordance with the following principles—
(i) that switching must be free to the consumer, unless the consumer is aware of and has consented to fair and reasonable restrictions and charges to do so;
(ii) that the switching process itself must be quick, and on an agreed date;
(iii) that consumers must have access to their consumption or transaction data, and this must be in a format that can be easily reused and they must be able to authorise third parties such as comparison sites to access their data to help them to switch;
(iv) that sites and tools providing comparisons to consumers that receive payments from suppliers must make clear where the payments affect the presentation of results; and
(v) that there must be an effective process for consumers to receive redress if there are any problems with the service.
(2) A telecommunications service provider under subsection (1) must not begin to supply a contracted service to an end-user unless the end-user has either—
(a) requested the monthly cap be put in place and agreed the amount of that cap, or
(b) decided, with the decision recorded on a durable medium, not to put a monthly cap in place.
(3) An end-user may, after the start of the contracted service—
(a) contact the service provider to require a cap to be put in place and agree the amount of that cap, or
(b) require a cap to be removed, with the requirement recorded on a durable medium.
(4) The end-user should bear no cost for the supply of any service above the cap if the provider has—
(a) failed to impose a cap agreed under subsection (2)(a) or (3)(a); or
(b) removed the cap without the end-user’s express consent, provided on a durable medium as required under subsection (2)(b) or (3)(b).”