Comreg’s Claim Against Virgin for Not Complying with Universal Service Regulations Calls for Two-Stage Process
Comreg has accused Virgin of failing to comply with Universal Service Regulations, noting that the switching process acts as a disincentive for customers.
According to Comreg, customers who want to cancel with Virgin in order to switch to a competitor are required to go through a process where they have to listen to a sales pitch. This creates a barrier to switching, which Comreg wants to address.
Comreg is seeking a two-stage process for switching, similar to the one agreed to by Eir, which would allow customers to cancel directly without having to go through the sales pitch.
In response to Comreg’s claims, Brian Kennelly SC, representing Virgin, argued that the regulator’s interpretation of the regulations’ prohibition on disincentives is incorrect. He stated that Virgin’s interaction with customers who want to cancel should not be considered a disincentive.
The court must determine whether the prohibition covers Virgin’s “non-hassling activity” when speaking with customers who want to cancel. If it does not, then Comreg does not have the authority to require a two-step process, according to Mr. Kennelly.
Virgin argues that it should be allowed to offer better deals to customers considering switching, as long as it provides accurate and non-hassling information. Mr. Kennelly also stated that Virgin’s 30-day notice period is a standard procedure and not a charge for switching.
In addition to the two-stage process, Comreg is requesting that Virgin amend its terms and conditions to eliminate the 30-day notice period for switching. Mr. Kennelly defended the notice period, stating that customers still receive the Virgin service during that time and can make arrangements to pay their new provider once the period ends.
Virgin denies Comreg’s allegations of providing misleading or inaccurate information and argues that offering better deals should not be considered a disincentive. The hearing before Mr. Justice Denis McDonald is ongoing.
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