Stolen mobiles

As a general rule, the TIO considers that a mobile user is liable for the cost of all calls made from their stolen mobile until the phone is reported missing to the service provider.

However, where the complainant took reasonable steps to ensure the security of their phone and reported the phone as stolen to their service provider as soon as practicable, the TIO may in some cases expect the provider to waive some or all of the disputed call charges.

See Liability for calls made by third parties

Where there is disagreement over whether or not the customer provided notice that the phone was stolen, the TIO will look at the existence, or absence, of a police report, as well as itemised phone records (that may show when the incident was reported to the provider), the provider's customer care records, and statements by both the complainant and the provider.

Next: Introductory note about priority services