Abigail Sinden
Associate Solicitor
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Date Published:10 Dec 2018 Last Updated:23 Jun 2021

O2 Network Failure – What are your rights?

Business Services

Over 32 million O2 customers experienced network problems last Thursday 6th December 2018. Other providers such as Tesco and Giffgaff also experienced problems as they rely on the O2 network. The fault was due to a software update by a third party provider, Ericsson. If you are one of the 32 million unfortunate customers, you are probably wondering what your rights are and whether you can claim compensation…

Under the Consumer Rights Act 2015 (CRA 2015), service providers have to provide their service with reasonable care and skill. Arguably, O2 have failed to do this due to the near 24 hour outage. Depending on the circumstances, it may be appropriate for your provider to offer you some money back. For example if you have suffered financial loss for having to pay for public Wi-Fi or having to use a pay-phone. In this case, you should be able to contact your provider and follow a formal complaints procedure to try and claim compensation. For this to be successful, be sure to keep any receipts or evidence of your expenditure to back up your claim. However, as always, it’s down to the small print and the Terms and Conditions (T&C’s). 02’s T&C’s state that the ‘service isn’t fault free’ which could make any claims for compensation a bit tricky, as O2 would probably rely on this clause.

There may be some hope as Ofcom has been in talks with O2 about whether compensation should be offered to customers. Watch this space for further updates!

If you have any queries with regard to the Consumers Rights Act 2015 or Terms and Conditions then please do not hesitate to get in touch with Abi Sinden, or call us on 01202 525333.