The mobile operator Telefónica has to pay 225,000 euros in mobile phone credit to an enterprising customer, who has accumulated a small fortune with call credits. The Munich Higher Regional Court on 12 December 2019 after a multi-year legal dispute over the easy money credits the customer right.
The man had taken the easy-money promise literally, bought a total of 508 prepaid cards from the Telefónica brand O2 and turned a customer marketing gag into a lucrative business model: prepaid cards with easy money function Telefónica wrote for each incoming Call two cents good. The man used redial apps to call himself permanently.
This trick was also used by other O2 customers, but so far no case has become known that involved such a large sum. The way to easy money was then difficult, however, and led over two courts: Telefónica had the 508 cards 2015 first blocked, then terminated the contracts and finally denied the payment of the credit. The customer went to court and finally prevailed. The 8th civil senate of the Munich OLG did not allow the revision.
Telefónica: Customer has violated terms and conditions
The group argued that the customer had violated both the terms and conditions and good faith. The latter refers to the fact that the two-cent credit per call was not intended for the clientele to call themselves thousands of times with computer assistance.
The court did not deal with the question of whether the man violated good faith. "We did not have to decide that"said the presiding judge Herbert Lechner – and that has obviously Telefónica itself. "This is a decision for purely procedural reasons", stressed the chairman.
Because Telefónica had presented until shortly before the end of the process no documentation on how the credits on the 508 prepaid cards came about. Part of the 225,000 euros had been saved by regular charging the cards, this sum was the customer in any case. "This division has the defendant" – that is Telefónica – "made only one week before the appointment"said the chairman. That was too late for the judges.
Used Easy Money cards achieve high prices
Telefónica has long since withdrawn its easy money plans, but the cards are still traded for a multiple of the original price. As can be seen from the O2 tariff archive on the internet, a card without a mobile phone originally cost
20 Euros. Currently, the cards are on Ebay from 500 euros upwards to have.
The plaintive O2 customer demanded Telefónica even over 300,000 euros, the value of his 508 cards he had estimated because of the high used prices with 100,000 euros. However, the court refused.