Perspectives to Mobile Cramming: Methods, Liability, and Potential Anti-Cramming Measures

Abstract

During the last few decades, the illegal practice of inserting unauthorized charges in mobile bills, “mobile cramming”, has emerged worldwide in the field of direct carrier billing. In the United States, civil and criminal aspects regarding mobile cramming have been addressed and prominently displayed in governmental investigations and notable legal cases. In Finland, the discussion on mobile cramming has focused solely on questions about the contractual liability of the parties involved. This article aims to bring clarity to the phenomenon by describing the potential cramming and anti-cramming methods, the chain of liability and the parties involved. The article also describes what courses of action have been taken by governmental officials when pursuing mobile cramming cases in Finland and the U.S. Due to the lack of case law in Finland, the issue is addressed from the perspective of the Competition and Consumer Authority. In conclusion, it is summarized that regardless of the preventive regulatory measures, the practice of mobile cramming still exists, and the crammers are finding new avenues for their operations through regulatory loopholes. Contractual liability for unauthorized charges has been acknowledged to be divided among the parties involved, but this alone is not sufficient to prevent mobile cramming in Finland. More attention needs to be paid to effective preventive measures.