http://www.dailymail.co.uk/money/news/a ... phole.html
Millions of TalkTalk customers could legally quit the broadband firm without penalty and may be entitled to damages, Money Mail can reveal.
Angry customers have been trying to escape their contracts with TalkTalk since the firm revealed last week that it had been the victim of a cyber attack which led to personal data and banking details being accessed. It was the third attack in 12 months.
But those who have attempted to quit have been told they must pay hundreds of pounds to break their contract early.
Yesterday TalkTalk said it would not waive termination fees for customers wanting to end their contracts unless they could prove money had been stolen from them.
Marc Gander, a lawyer and founder of the campaigning Consumer Action Group, says: ‘Of course, TalkTalk is going to try to make it as hard as possible for customers to leave their contracts.
‘But there is a fundamental principle here: how important is the protection of personal data to a consumer contract?
‘You would be able to argue that it is critical, and that anyone who had not acted sufficiently to protect a customer’s data was in breach of a contract and so made it void.
‘That TalkTalk had already been susceptible to two hacking attacks before this third one is proof enough, I think, that they have not taken enough steps to protect their customers’ personal data.’
On Monday, a 15-year-old from Northern Ireland was arrested on suspicion of taking part in the October 21 attack on TalkTalk. Nearly four million customers were left at risk following the data breach.
TalkTalk says while its website was compromised, its core systems were not. No account passwords were taken and credit and debit card numbers were protected.
However, bank details were accessed — though yesterday TalkTalk was trying to downplay how important these might be, stating that the information is only that shared when you sign a cheque or make a payment, such as your account number.
But as Money Mail reveals over the page, this information is exactly the type that leaves you open to attack should it fall into the hands of cyber-criminals.
Normally, when you sign up to an internet or phone deal you must take out a contract that runs between 12 and 24 months.