Cell Phone Cases: What Can Be Done? (Part 2)

As already in our first part, it is here in this multi-part article to the legal situation of unwittingly incurred costs, theft or using the phone while driving. This is no statutory legal basis, but are just a few case examples of cases may occur.

Expensive software updates

Just updated the operating system or software? For most smartphone users is certainly a matter of course in everyday life. A high Bill caused a Smartphone advertised as a mobile navigation device, since user was not obvious that a regular update about the mobile data connection is done.

The higher regional court in Schleswig-Holstein has decided over 11,500 euros over the resulting Bill that the operator, in this case of Vodafone, its customers would have to warn. (File No: 16 U-140/10) The customer had no overview of the costs that arise when a data update without data flat könnnten.

It is and will remain a nuisance. In Hamburg, the District Court has decided for a consumer has unknowingly used the mobile data connection. That is its Smartphone Wi-Fi in addition via a mobile Internet connection dials he didn’t, and the Court decided that the provider has not sufficiently informed its customers (Amtsgericht Hamburg AZ.: 14 C-16/11). The provider would need to point out explicitly.

Now providers and manufacturers such as Apple, Samsung and HTC have warnings integrated into your Smartphone, any costs arise for mobile data connections.

Pushing away is already using the phone when driving

Phoning while driving banned as is well known and is expensive, is nothing new. However, many do not know that even the supposedly exemplary pushing away is already an infringement. In Cologne, a driver who has pushed away a conversation while driving, has lost in one case before the higher regional court of Cologne.

The Court ruled that already the pushing away considered using your mobile phone, and this is forbidden.(File No.: III-1 RBs 39/12)

Paradox, however, that a mobile fallen in the footwell must be lifted during the ride (Oberlandesgericht Bamberg, AZ.: 3 SS OWi 452/07), but any further use, as for example as a voice recorder (OLG Jena AZ.: 1 SS OWi 82/06) or even as a Navi (OLG Cologne AZ.: 81 SS OWi 49/08) or clock (OLG Hamm AZ.: 2 SS OWi 177/05; 2 SS OWi 1005/02; 2 SS OWi 402/06) is prohibited. The fact is, it is forbidden, even if a Smartphone used as Navi probably counts as a trivial offence.

Mobile phone stolen – what now?

Everyone knows surely once in the life the moment something is stolen one. What does however if the phone is stolen and inhumanly high costs with the phone. Who pays for high no-fault bills?

In Berlin, a new customer of Telekom on the way home from the mobile phone shop was robbed. The thief captured a brand new smartphone including newly issued contract documents and SIMcard. With this he caused within a large Bill in the thousands digit of a very short time. The customer couldn’t lock the SIM card but not without legal documentation, so that the regional court of Berlin chose the customer (AZ.: 9 O 177/12). In such cases it is however always benefit the theft immediately to report to the police.

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