Determinations

TDR Case Note T012869 (2012)

Background

The Customer’s son was added as an authority to the account in 1999, aged 11 at the time. The Customer had asked the provider to talk to the son because he had a better understanding of the technical issues she was experiencing at the time. The Customer was not aware that this made the son an authority on the account, it was her understanding he was merely talking to the Provider to resolve technical issues.

The Customer more recently authorised the purchase of an cell phone on account for her son in 2012, but the son also make further purchases on the account without knowledge of the Customer.

Adjudicator’s decision

The Adjudicator ruled that the son was not able to be made an authority on the account in 1999, on the basis of the Minor’s Contract Act 1969. The Customer had expressly authorised the purchase of the cell phone in 2012 and was therefore liable for costs relating to that purchase.

However the Customer was not liable for further purchases made on her account by her son, being an additional cell phone and a mobile broadband device.

Final outcome

The Customer is not liable for charges made by her son after the 2012 authorised purchase. The matter of subsequent purchases is between the provider and the son.