Calls dropping out, reception issues, poor data performance – this is not what Vodafone customers signed up for. Vodafone, however, has continued to charge customers on its mobile plans, without providing the service it promised.
Customers who signed up with Vodafone over the last three years may be entitled to compensation if they were misled into signing contracts or if Vodafone did not live up to its end of the bargain.
We are investigating a class action against Vodafone to recover losses suffered by its customers over the last three years, plus interest. So far, we have had over 20,000 people express their interest in joining the class action.
Complete the survey if you think that you have suffered losses because of Vodafone or 3 Mobile
If you feel that you have suffered losses as a result of Vodafone or 3 not providing you with the service that you believe you signed up for, please tell us about your experiences by completing our online survey.
Before completing the survey, please ensure you have all relevant documentation ready to upload and attach. Materials could include:
- A copy of your contract with Vodafone / 3
- Copies of any material containing promises that you relied on when signing up or renewing your contract with Vodafone / 3 (e.g. a brochure or advertisement)
- Copies of any evidence that proves you experienced the problems or losses you claim (e.g. phone bills, correspondence with Vodafone / 3, pictures, notes, screen shots of your mobile with no reception, etc)
For your privacy, please note that the online survey will time out if it is left unattended for more than 20 minutes. Also, all communication from your computer to our system is encrypted to ensure the confidentiality of all data sent and received.
If you are experiencing difficulties with the online survey or would prefer to fill out a hard copy questionnaire, please contact us on vfclassaction@piperalderman.com.au or 02 9253 9999 between the hours of 9am and 5pm EDT on week days.
Frequently asked questions
What is a class action?
Will it cost me anything? Am I liable in any way? How do the lawyers get paid?
Can I opt out?
When will the class action be started? How long will it take?
What are the advantages of joining this class action and what changes can come about as a result?
What is Piper Alderman's role going forward? How do I deal with Vodafone going forward?
What do I do about current outstanding issues I have with Vodafone?
Can I make a claim if I am not a current Vodafone customer?
Can I make a claim if I am a 3 customer?
Can I make a claim if I am having internet issues?
Can I make a claim if I have phone compatibility issues?
What about breach of privacy issues?
How will I be informed of any progress with the class action?
What is a class action?
back to top ^
A class action is a legal procedure which enables the claims of a number of persons ('group or class members') to make a claim against the same company ('defendant'). The group members are represented by a 'lead applicant'. The lead applicant may sue on his or her own behalf, as well as on behalf of the group members. The identity of the lead applicant will be determined in due course. The claims of the lead applicant and the group members must arise from the same or similar circumstances.
It is only the lead applicant who is actually named as a claimant in the legal proceedings. The group members are not usually identified individually, but are usually described by reference to their circumstances. Usually, the group members do not directly participate in the class action.
Usually, in the proceedings, it is only the lead applicant's case which is heard and resolved in court, along with a number of common questions that relate to the group members' claims. The group members are bound by the court's decision on the common issues, although the group members do not usually take any active part in the proceedings.
The manner in which the common questions are resolved then forms the basis for the conclusion of the case and, if relevant, the settlement of individual claims.
Will it cost me anything? Am I liable in any way? How do the lawyers get paid?
back to top ^There will be no upfront cost to you, but if the case is successful there will be a percentage cost to you payable out of any settlement or judgment sum that you are awarded. This is detailed below.
We are in the process of preparing materials for submission to a litigation funder to fund the legal costs of the Vodafone class action.
Litigation funders are organisations that assume the risk of payment of legal costs associated with running a class action. They pay the legal costs of the lead applicant and the group members (e.g. solicitors' fees, barristers' fees and court costs), any costs which are payable to the other party (in this case, Vodafone), and where appropriate, provide security for costs.
In return for assuming these risks, upon the successful resolution of a class action (whether through a judgment of the court or a settlement), the litigation funder will be entitled to reimbursement of the legal costs it has paid, and a fee. This fee is usually a percentage of the judgment or settlement sum, and is normally in the range of 25% to 40% of that amount.
If litigation funding is successfully obtained, you will be asked to enter into a litigation funding agreement with the funder. We will keep you informed in relation to this issue.
Can I opt out?
back to top ^You will have the opportunity to opt out before a date which will be fixed by the court. You will be given ample notice of this opportunity to opt out. However, if you do opt out and independently recover compensation from Vodafone either before or after the hearing of the class action, the funder will usually be entitled to claim its fee and a percentage of the legal costs from you, if you have signed a funding agreement.
When will the class action be started? How long will it take?
back to top ^At this stage, it is not possible to say when the class action will be started. We are currently in the process of collecting details from group members via a questionnaire. It is important that this information is recorded, processed and analysed carefully. When an application is lodged with a funder, the funder will also require time to assess the application. These factors will affect the time it takes to start the class action.
When the class action is commenced, the court process may take 18 to 24 months, if the case proceeds to a final hearing. Any appeals will also further extend the duration of the case.
What are the advantages of joining this class action and what changes can come about as a result?
back to top ^- Access to justice which results from reducing the costs of litigation by enabling similar claims to be related together, and allowing a group of claimants to make a claim together, where it would otherwise not be cost effective for individuals to make those claims separately.
- Group members are not parties to the class action. This allows group members to get on with their own work and personal life without being distracted by the litigation or burdened with its cost.
- Costs orders cannot ordinarily be made against individual group members. As a result, group members have the opportunity to have their legal rights and entitlements determined with little, if any, risk as to adverse costs.
- There is no upfront cost for group members because litigation funders assume and assess the risk and cost of the litigation. They also pay the costs of the other party if the class action is unsuccessful.
- From our point of view, we have a logistical advantage of concentrating claims in one forum and we have procedural advantages including broader evidence discovery. This results in a reduction in litigation expense per claim, by the aggregation of claims (economy of scale).
What is Piper Alderman's role going forward? How do I deal with Vodafone going forward?
back to top ^Piper Alderman's role going forward is to formulate and prosecute the class action. To do this, we require information from the group members. However, as noted above, group members will not be parties to the class action and we will not be prosecuting individual claims on behalf of group members.
For these reasons, it is not part of our role to deal with Vodafone on behalf of individual group members in relation to things like reception issues, data issues or billing issues. Even though these issues are being addressed in the class action, it remains your responsibility to deal directly with Vodafone if you wish to try to continue to resolve these issues. We cannot do this for you.
If you have terminated your contract with Vodafone, you may still join the class action if you have suffered losses resulting from sub-standard service, whilst you were under contract with Vodafone.
What do I do about current outstanding issues I have with Vodafone?
back to top ^It is important to understand that we are currently in the investigative stage of the Class Action, and commencement of any claim in court is dependant on a number of factors. This includes reviewing the information sent in by claimants and obtaining litigation funding. If the case proceeds to court, it may take 12-24 months to achieve a result.
As such, individual current issues with Vodafone will not be resolved within a short period of time.
In the meantime, you are entitled to, and you may continue to try to deal with Vodafone to resolve your issues.
If Vodafone cannot resolve your issues, and your issues require more immediate attention, you may register a complaint with the Telecommunications Industry Ombudsman. The Ombudsman's website is www.tio.com.au.
If you are fully compensated for all your losses through direct negotiation with Vodafone or through the Ombudsman, you will not be eligible to claim in the Class Action if you have been compensated for all your losses. If you are not fully compensated, you may still be entitled to claim your losses in the Class Action.
Can I make a claim if I am not a current Vodafone customer?
back to top ^We are currently investigating claims of persons who have been Vodafone customers at any time in the past 3 years. If you have been a Vodafone customer at any time in the past 3 years, you should register your interest.
Can I make a claim if I am a 3 customer?
back to top ^Due to the number of enquiries we have received from 3 customers, we will investigate potential claims against 3. When you complete the online survey, we will ask you to identify yourself as either a 3 customer or a Vodafone customer.
Can I make a claim if I am having internet issues?
back to top ^Due to the number of enquiries we have received from internet customers, we will investigate potential claims relating to Vodafone's internet service. When you complete the online survey, we will ask you to identify yourself as a mobile, fixed line internet or wireless internet customer.
Can I make a claim if I have phone compatibility issues?
back to top ^When you complete the online survey, we will ask you to identify any phone compatibility issues, and investigate this issue as a potential basis for claims.
What about breach of privacy issues?
back to top ^As highlighted by recent media coverage, a breach of privacy of some 4,000,000 Vodafone Customers may have occurred. We are making enquiries in relation to this and are considering including security breaches as a part of our claim. You can find out more information about breach of privacy from the Office of the Australian Information Commissioner (http://www.privacy.gov.au).
How will I be informed of any progress with the class action?
back to top ^We will provide further updates on our website on a regular basis. Please check our website regularly for these updates.