Customers of Hampshire-based UK ISP Onestream, which sells broadband packages using Openreach’s national full fibre network, have criticised the provider after they claim to have been automatically opted-in to take a service from VPN firm NordVPN that indicated they could be charged an extra £4.95 per month if they don’t opt out.
ISPreview’s readers will note that we covered this announcement last week (here), although the press release didn’t include any solid details on either the “discounted rate” that customers were to be offered for NordVPN or how its implementation would be handled. But Onestream soon began emailing customers with more information, and that’s when the complaints started.
The email revealed that Onestream’s partnership with NordVPN would form part of a “30-day free trial” that had already “started“, after which the service would be charged at £4.95 per month. Customers were then invited to click the ‘Get Started‘ button in the email in order to setup the service.
The bottom of the email also included a cancellation link for those who “want to end your free trial“. Suffice to say that the language seemed to suggest that those contacted had already “started” the trial and would need to specifically select to cancel it in order to avoid being charged, after 30-days had passed. Hard luck if you overlooked or skipped the email, assuming it to be just another one of those ignorable upsell promotions that ISPs often run.
Partial Copy of the Email
Some customers who went on to query all this with Onestream’s support staff via Live Chat were again informed that they’d been automatically opted-in to the trial (i.e. suggesting they’ll face that extra £4.95 charge at the end of the trial period) and, if you want out, then you’ll have to specifically select to cancel the service (see here and here).
This also appears to be echoed via the related NordVPN support page on their website (emphasis on the “do not activate” below):
Extract from Onestream’s Support Page (NordVPN)
What happens if I do not activate my trial?
At the end of your free trial, you will be charged £4.95 per month. This will show on your bill each month and can be cancelled anytime in the services area of your MyAccount portal.
In addition, the bottom of the original email states: “NordVPN is not tied to your broadband services with Onestream, should you ever leave Onestream for your broadband service, we will continue to provide you with your NordVPN service until such time as you instruct us to cancel it.” Related complaints about all this soon arrived in our inbox, as well as via social media (examples here, here, here and here).
Sample Customer Complaint 1
“Just got the email and it infers that they have signed you up automatically and will also automatically start charging you every month on your bill unless you unsubscribe.
Surely this is illegal? Things like this should be opt-in not opt-out right?
Even if it’s not setup that way, the email and the help pages certainly make it seem that way.”
Sample Customer Complaint 2
“I contacted customer services and it seems that customers are opted in. When I queried it they said I had to opt out (even though I hadn’t clicked the button in the e-mail). They directed me to cancel NordVPN in ‘My Account’. Very concerning.”
Sample Customer Complaint 3
“Just had the same email from onestream. Signed me up for a free one month trial of NordVPN without asking and then charge me £4.95 a month if I don;t cancel. Surely this is against the rules.”
Sample Customer Complaint 4
“WTH! The company that provides my friend’s internet just signed up every customer of theirs for a recurring subscription to NordVPN for [£4.95 per month]. EVEN IF you cancel your internet, you separately need to cancel this NordVPN subscription you never consented to.”
In the UK, telecoms providers generally cannot just opt residential consumers into an extra service at a cost without your explicit consent (note: the rules for business services are a bit more.. flexible). Doing so could potentially violate consumer protection laws, specifically the Consumer Rights Act 2015, which specifies that any additional charges must be clearly communicated and agreed upon by the customer.
If you find that you’ve been opted into a service without your consent, you have the right to dispute the charge and request a refund. Should the provider decline, then the case can be elevated to their Ofcom approved Alternative Dispute Resolution (ADR) provider (i.e. the Communications Ombudsman) – see Onestream’s Complaints Policy. Sending a complaint to Trading Standards is another option.
In this case, there is an ability to cancel, so the above is seemingly more applicable to those who might find they’ve been charged in the future, such as after ignoring or overlooking the original email. This is why it’s always a good idea to review your bills regularly and contact your provider if you notice any unexpected charges.
Naturally, we attempted to query these concerns with Onestream and received the following response, which stated that the offer was “initially made … exclusively to a limited number of qualifying customers” and that no customer data has been shared with NordVPN. The ISP added that the customer then has to “choose to activate the offer” by clicking the link in their email.
A Spokesperson for Onestream told ISPreview:
“This offer is designed to give Onestream customers the opportunity to benefit from additional security and protection from cyber threats.
Onestream have initially made the offer exclusively to a limited number of qualifying customers, before the service goes fully live on September 1.
No Onestream customer data has been shared with NordVPN. Onestream provides a single click link for customers to choose to activate the offer, at which point they agree to send their email address to NordVPN so they can receive their licence key.
There is no contracted period, and Onestream pay the full costs of the free trial.
Customers can call, email, chat or login to their Onestream account at any time to cancel.
Onestream is committed to compliance with all relevant consumer protection and data protection legislation. If any customer feels they have been unfairly charged, we would encourage them to contact us.”
As the language in Onestream’s official response doesn’t completely clear up some of the confusion, we then asked the provider to clarify – twice – whether customers who see the email but do nothing (i.e. ignore or overlook it) will ever face any charge(s) for the service after the first 30-days have passed. The provider did not give a simple Yes or No response and instead reiterated the following.
A Spokesperson for Onestream added:
“Customers are informed that the service is free for the first month and given an activation link so they can enjoy the benefits of the VPN. There is also a clear invitation to cancel if they do not wish to receive the service.
Onestream pays for the first month for the customer and there is no obligation for them to keep the service – they can cancel at any time. There is no contract.
Onestream is committed to meeting its obligations under the Consumer Rights Act and any customer who has a billing query is invited to contact Onestream directly.”
Some of those who complained have also raised their concerns with NordVPN directly. A support agent for the VPN provider has since told them: “We wanted to let you know that we are in contact with Onestream and collecting additional details to understand the issue better. All of our resell partners must rely on lawful and ethical means to sell Nord products. If that is not the case here, we will make sure to get it right.”
Finally, Ofcom said they would investigate the complaints. The regulator does have relevant enforcement powers under the Consumer Protection from Unfair Trading Regulations (CPRs) and the related Digital Markets Competition and Consumer (DMCC) Act (which will repeal and replace the CPRs) to examine and stop any offending practice, although it’s not yet clear if that will be needed.
A Spokesperson for Ofcom told ISPreview:
“These reports are concerning, and we will be raising this with Onestream. The practice of automatically opting customers into a service without their agreement and later charging for it if they do not cancel is known as inertia selling, and consumer legislation expressly prohibits this.”
UPDATE 9:31am
Onestream has now informed ISPreview that “nobody has been charged and nobody will be charged unless they opt in“, which is hopefully something that any future emails and customer support agents will now similarly be reflecting to those who contact them about it.