The Commercial Court of Kyiv received an appeal from “Lifecell” LLC with a claim against “VF Ukraine”. lifecell is asking the court to oblige Vodafone to stop the “Number Saving” service.
In the appeal, lifecell claims that this service “contradicts the requirements of current legislation”, violates the right to provide electronic communication services and the right to receive profit.
The commercial court recognized the arguments as sufficient for acceptance for consideration and the opening of proceedings. The preparatory meeting is scheduled for February 5, 2024.
Earlier, the National Commission, which carries out state regulation in the fields of electronic communications, radio frequency spectrum and the provision of postal services, fined Vodafone UAH 68,000 for refusing 37 subscribers to switch to another network while keeping their number.
“The essence of the issue that consumers are complaining about is that when they try to transfer their phone number from the “VF Ukraine” network to the network of another provider, subscribers receive a refusal through the connected “Number Saving” service,” NKEK noted.
Vodafone reported that these subscribers should independently connect the “Number Saving” service, which is designed to prevent fraud and makes it impossible to transfer the number to another mobile network without the owner’s knowledge. That is, it prevents unauthorized transfer.
“It is worth noting that more than half of the subscribers who complained to NKEK activated the number on the day of submitting the porting application, independently activated the “Number Saving” service and immediately submitted the porting application. This raises certain questions regarding the purpose of the complainants and their appeals to NKEK,” the company said.
Vodafone did not agree with the decision of NKEK and began to challenge in court the order for violation of the requirements of the Law of Ukraine “On Electronic Communications” regarding the provision of electronic communication services to end users.