QUESTION: Is there a consumption control?

ANSWER:

The provider of a number-based interpersonal communication service or an Internet access service (fixed or mobile OPERATOR) shall be obliged, in accordance with its technical capabilities, to allow the end-user, in a simple manner and free of charge:

1) the prohibition of outgoing calls, sending electronic messages and the transfer of data, when the electronic expenses of the these services exceed the amount predetermined by an agreement;

2) the prohibition of certain types of outgoing calls, as well as calls or sending electronic messages to certain types of numbers.

The provider of these services shall be obliged to provide the end-user with an appropriate certificate of the taken actions (Art. 142 of the Law on Electronic Communications).

The OPERATOR shall be obliged, in accordance with its technical capabilities, to furnish the customer with a notice free of charge, if the momentary debit amount for the ongoing month is twice the average debit amount for the service within the previous three months.

In case of the absence of technical capabilities, the OPERATOR shall be obliged to fulfil the abovementioned obligation immediately upon the receipt of the data on realized traffic.

In case when the consumer uses the service within the period shorter than three months, the OPERATOR shall be obliged to notify the consumer in the described manner if the momentary debit amount for the ongoing month is twice the stipulated amount of a monthly fee.

The OPERATOR shall be obliged to keep a record of the notices furnished hereunder, encompassing the first name and the last name of a consumer, the user number, data on realized traffic, as well as the time a notice is furnished (Art. 143 of the Law on Electronic Communications).

QUESTION: Am I entitled to receive a listing?

ANSWER:

The OPERATOR shall be obliged to issue an invoice of electronic communication services in an electronic form to the end-user, whereon the former shall notify the latter in a timely and convenient manner.

The bill shall be issued, free of charge, in a paper form, at a request of the end-user or in the event that there are no technical options for the reception of an invoice in an electronic form.

The OPERATOR shall be obliged, at a request of the end-user, i.e. an authorized person of the end-user, free of charge, to furnish a detailed specification of the services provided with debit accounting for each and every service, for the purpose of simple check and control of the costs of provided services.

The specification of the provided services shall also include the data on calls towards value-added services, also including the data on the value-added service provider and the duration of charged services, unless there is a request by an end-user not to cite the aforementioned information.

The right to the specification of the provided services shall be held by an end-user, i.e. an authorized person of the end-user who submits the request to the OPERATOR, who shall be obliged to establish the identity of the applicant, in the process of the submission of the request.

The data in the specification shall not encompass the data on the free phone calls, the calls placed towards emergency-response services, and communication content (Art. 138 of the Law on Electronic Communications).

QUESTION: My bill was increased based on messages related to short numbers, and the operator informed me that it was a value-added service?

ANSWER:

Value-added service (VAS) is a service provided via public communications networks and services using special numbers or codes from the numbering plan and/or applications, which are charged in a special manner, for the purpose of providing predetermined additional content and/or services.

Value-added services include, among other:

1) customer support services;

2) delivery of content for children;

3) adult content delivery;

4) media services;

5) marketing services;

6) fundraising services for humanitarian purposes;

7) games of chance;

8) voting;

9) entertainment content;

10) payment of utility services (parking, public transport...);

11) access authorization;

12) informing service users about the status of their services;

13) ordering goods and scheduling services, if paid with an electronic communications service bill, and

14) other services that, due to their characteristics, methods of implementation and payment, can be classified as services under items 1) - 13).

In order to use these services, the user must register for them with the value-added service provider (VAS provider), and the latter is obliged to inform the user about the terms of use and the price of the services. The price of the service must be clearly indicated depending on the type of service: in print or electronic media, message, application, web presentation, public place. Among other things, the user must be informed about how to unsubscribe, i.e. how to request termination of service.

The users should pay attention to the following:

1.           If they receive a message offering a service, or an application is activated that they did not sign up for, they need to look closely at the content of the message or the application display, which should include information about the price of the service and how they can unsubscribe and no longer receive notifications regarding that specific service.

2.           If the user continues to receive messages, they should check their account balance more often (rather than waiting for the monthly bill) and, if they cannot unsubscribe from the service themselves, contact the OPERATOR to which they are a subscriber, to find out which VAS Provider is offering them unsolicited services.

The Rulebook on obligations of value-added service operators - VAS service providers regulates more closely the obligations of value-added service providers with regard to the publication of a detailed description and price of the overall service, i.e. all its components, advertising of the service, methods of calculation and billing for the service, methods of processing personal data, traffic data and location data, monitoring of illegal content, resolution of complaints and protection of user interests.

QUESTION: How and to whom can I complain about the amount of the bill?

ANSWER:

All complaints, grievances and questions should first be addressed by users to the OPERATOR to which they are subscribers and to the VAS service provider, and if no agreement is reached, they can contact the Regulatory Authority for Electronic Communications and Postal Services - RATEL, in writing, by e-mail or via the user complaints portal: https://portal.ratel.rs/cyr/complaint/complaint/form.