There is a quiet war going on over at the Vodafone customer forums at the moment. A lot of very angry customers are making themselves heard – because within the last week, many of them claim their Androids were irreparably damaged by Vodafone itself. Now it seems that many of these customers are seeking legal advice from their solicitors, and even from Ofcom, because it is possible that Vodafone has acted in breach of its own Terms and Conditions.
What’s the story?
As we reported yesterday, Vodafone recently released an “update” for all customers who bough the HTC Android devices Legend or Desire. These Android devices are due to receive their free, over-the-air update from version 2.1 of the operating system, to version 2.2. However, customers who own these devices discovered that the update they were sent was not 2.2 – it was a re-tooled version of 2.1, with Vodafone branding added, along with a lot of “bloatware” applications (see our report on bloatware). Complaints about the update range from much slower performance, to duplicating SMS, apps that can’t be removed, bookmarks to adult content and lower battery life.
Angry customers flooded the forums with comments and questions – to which Vodafone has yet to satisfactorily respond. In the latest development, it seems that many customers are seeking legal advice, because they question whether Vodafone has crossed its own terms and conditions by not sending them an update they could clearly choose to refuse.
An explanation:
Over on Facebook, there’s a group called Say No To Vodafone 360 Spamware On The HTC Desire. A lot of people are commenting on it, saying how lucky they were to have seen the group, or read the Vodafone forums – because it let them know that they shouldn’t download this update. These people were properly informed of its contents, and have avoided any problems. However, the vast majority of people who downloaded this package from Vodafone had no idea of the contents, what changes it would make, or how it would effect their phone. Forum commenter minority, summed it up like so (italics added for emphasis):
“I have been forced into these changes due to not being provided with a change log or link when the update appeared… I believe they broke their terms and conditions and also my legal right to opt out by an informed decision which I could not possibly have due to not being able to find information on this at the time the update was made available to me and it is not my duty to have to search the internet to find such information.”
What we think?
Any application you download from the Android Market will provide you with a list of things it can do to affect your device – if it needs internet access; or can detect your location; or even prevent your phone screen from darking out; you will receive a warning. Vodafone customers are now asking why they got no warning, lists or sufficient information to decide whether they wanted the update.
At the moment, Vodafone has done nothing about this except to say “thank you all for your continued feedback regarding the HTC Desire Firmware, we’re still seeking answers for you.” The question remains: what can the customers do here, if anything? It’s not yet clear whether Vodafone acted in breach of its T&Cs in this matter, so there may be no actual legal recourse. At the very least, if it wants to avoid losing a lot of Android customers, Vodafone should offer anyone who downloaded the update a chance to remove it from their phone.
GoMo News has contacted Vodafone for comment. We will update you if we hear anything back.
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Vodafone UK is a dishonest company. They promised their HTC Desire users that the phones would not be branded, and yet after they got sucked into 18 or 24 month contracts, they branded the HTC Desire firmware updates with Vodafone sh1tware, such as Vodafone 360, and other crap. Vodafone Management should be ashamed for screwing their customers.
An growing army of soon to be ex-Vodafone UK customers is mobilising at:
https://twitter.com/VodafoneUKsucks
I think it´s a good decision to rollback the update completely! I´d like to get the phone back as it was before the update, including the older software version that´s made it possible to debrand the phone.
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I can see this argument from both sides of the coin. The WAY it was done however I can’t.
The whole premise of the Android software series is that its your phone any way you want it. It’s totaly customisable and can be configured any which way you like. ALL programs you want/need are contained on the Market and downloadable on a whim IF you want them. This is what Vodafone should have done with all the 360 services. In fact the people app and music store are already available as apps on the Google Market. With this in mind, why would they feel the need to have them hard coded on your handset AND have them in app store as well. Makes no sense at all other than someone jumped the gun and isn’t owning up.
I’ve got the HTC Legend with Vodafone still using 2.1. Does anyone know if I can avoid the problems if I download 2.2 direct from HTC?
I left Vodafone years ago for the simple reason that they are the only mobile service provider that have consistently branded their phones and installed ridiculous amounts of crap bloatware on them at every given opportunity. Every phone I had with Vodafone was unstable or just downright slow compared to the same phone my friends had on a different provider.
It’s quite likely that Vodafone can wriggle out of allegations that they broke their own terms & conditions, but under the Sale of Goods and Services Act 1982, they have a duty to provide their service with reasonable care and skill.
There’s a very good argument that providing an upgrade, with no indication of content or changelist, that impairs device functionality and reduces storage space with unsolicited, unremovable apps, is in breach of that statutory duty.
The dishonesty comes because the update blurb said that it was for performance and stability issues.
Trouble is that even when we get Froyo, it will be full of Vodacrap sh1tware.
Vodafones feedback so far indicates that they have not listened to their customers, based on the fact they still intend to burden us with their bloatware.
Let the debranding and rooting begin!
Just to clarify this is a Vodafone branding update it is not Froyo 2.2
The branding update installs apps that cannot be removed. It also uses up your data allowance drains your battery and cannot be turned off.
In my opinion Vodafone 360 Malware has broken my Desire. It is now ‘not fit for purpose’
From what Voda have claimed this morning, they “ARE able to download to your phone any enhancements they feel fit for your phone”. So, IF that statement IS correct, then maybe you’re stuck with it BUT…. what about the fact that the 360 app (from what people have said) uses GSM data (and not WiFi) and thus is using YOUR data which YOU pay for, and this is being used WITHOUT YOUR AUTHORITY, and there is no-way to stop it (as “the application retries every 5 mins”). So, IF that is the case, and the app IS using YOUR data (= YOUR cost) UNauthorized, then isn’t that “theft”?? Just a thought….
Vodafone have made a very popular U-turn and just announced that they will now be issuing the standard HTC Froyo (Android 2.2) update in 7-10 days, and 360 apps & services will be an optional later update.
No clear word on branding, but many Vodafone Desire customers are heaving a big sigh of relief.
Hi There
Great news!
We’ve got an update on this situation and useful information here – http://bit.ly/bM9x0d
All the best
Kirsty
Web Relations Team
Vodafone UK