Justin Gutmann has been certified to act as class representative and the claim has been certified to proceed on an opt-out basis. The CPO Judgment is available here and a copy of the CPO Notice is available here.
If your questions are not answered below, please contact us by email at info@loyaltypenaltyclaim.com
This website has been created to inform members of the public about the collective proceedings related to alleged overpayments (“Loyalty Penalties”) made by customers who did not immediately terminate their contract for a handset and airtime services (a “Combined Handset and Airtime Contract”) at the end of the minimum contractual term (“Minimum Term”).
The website will also form one of the ways in which Justin Gutmann (the class representative) will communicate with, and update affected customers included in the claims (class members) of developments in the claims.
The claims are against the UK Mobile Network Operators or “MNOs” for short: Three, Vodafone, EE and O2 (“Defendants”).
The claims are on behalf of individuals and one-person businesses who are alleged to have suffered loss as a result of paying a Loyalty Penalty. This occurs at the end of the Minimum Term of a Combined Handset and Airtime Contract if customers don’t terminate their contract and continue to pay an amount in excess of the amount payable for Airtime Services, despite the fact that their Handset has been paid for in full.
Using our registration form, you can select multiple options simultaneously to express your interest in a number of different networks.
Afterward, you will receive confirmation of the mobile network brands you have selected.
The following contracts are included in the claims:
Three:
If you entered into a Combined Handset and Airtime Contract with Three, at any time, and, between 1 October 2015 and 1 July 2026, paid a Loyalty Penalty that was in excess of the comparable SIM-only price once the relevant Minimum Term expired, then you may be eligible for compensation.
Vodafone:
If you entered into a Combined Handset and Airtime Contract with Vodafone, at any time, between 1 October 2015 and 1 July 2026, paid a Loyalty Penalty that was in excess of the comparable SIM-only price once the relevant Minimum Term expired, then you may be eligible for compensation.
EE (including its other brands ‘Orange’ and ‘T-Mobile’):
If you entered into a Combined Handset and Airtime Contract with EE or Orange or T-Mobile, at any time, between 1 October 2015 and 1 July 2026, paid a Loyalty Penalty that was in excess of the comparable SIM-only price once the relevant Minimum Term expired, then you may be eligible for compensation.
O2:
If you entered into a Combined Handset and Airtime Contract with O2, at any time, between 1 October 2015 and 1 July 2026, paid a Loyalty Penalty that was in excess of the comparable SIM-only price once the relevant Minimum Term expired, then you may be eligible for compensation.
A Combined Handset and Airtime Contract is a contract in terms of which a person acquires a mobile telephone device or another device which, with a SIM card, enables the user to access a mobile communications network (“Handset”) and agrees to make regular payments over a Minimum Term to pay for (i) a Handset, and, as part of the same contract, (ii) other services such as text messages, phone calls and data (“Airtime Services”).
Justin alleges that these companies are dominant in a specific market and are therefore under a specific obligation not to engage in practices that would harm customers. In these circumstances, charging customers Loyalty Penalties is not just unfair but also a breach of these companies’ obligations not to harm consumers.
Justin’s responsibilities are to act on behalf of, and in the best interests of, the class members. Justin is obliged to act fairly and adequately, and to obtain the best possible outcome for the class members.
Before scheduling a trial, the Competition Appeal Tribunal (the court assigned to deal with these types of claims) first needed to approve two things:
1. That the claims are suitable to be brought as collective claims; and
2. That Justin is the appropriate person to act as the class representative.
The Tribunal has now approved the claims as collective claims and authorised Justin to proceed. Justin will be responsible for communicating with the class members and for issuing formal notices to provide updates as to how the claims are progressing. Communication will occur via updates and announcements on this website, email updates to those who have signed up to receive them, and written notices which will be published at key points in the claims.
Justin is also supported by a consultative group, made up of industry experts, which he may consult if he wishes for advice and guidance on any issues.
Justin has instructed the law firm Charles Lyndon to represent him in the claims. Charles Lyndon is one of the UK’s leading consumer-focused litigation firms, with extensive expertise in competition law. Charles Lyndon has previously brought one of the first consumer collective claims in the UK and has vast experience of the UK collective claims regime.
To see its website, click here.
A collective claim (or collective proceedings) is a case brought on behalf of a group of claimants (known as a “class”) who have suffered similar losses following a breach of competition law. A class representative, such as Justin, may bring the case on behalf of the class, and works to ensure that any actions taken are in the best interests of the class.
The Competition Appeal Tribunal ("Tribunal") is a specialist tribunal based in London that covers the whole of the UK and hears disputes in relation to breaches of competition law, such as these claims.
The Tribunal publishes its Rules and Guidance, together with further information about what it does, on its website.
For more information about the Tribunal, you can view its website here.
In “opt-out” collective claims such as these, the claims are brought on behalf of a defined group of people, but those people do not have to be personally identified.
The Tribunal certified the case in November 2025, and set the Domicile Date of 25 November 2025. This means that people within the class who were domiciled in the UK on 25 November 2025 are automatically included in the collective claims unless they followed specific steps to opt out by 25 February 2026.
On 1 July 2026, Mr Gutmann obtained the Tribunal’s permission to amend the Class Definition in two important ways:
• The claim now includes claims for CHA Contracts that were entered into prior to 1 October 2015, provided that a class member made a Loyalty Payment after 1 October 2015; and
• The claim now includes claims for Loyalty Payments made between 31 March 2025 and 1 July 2026.
If you have a claim under either one of these amendments, the Tribunal has set a new timeline for the opt-out regime. If you were domiciled in the UK on 1 July 2026, you have until 21 October 2026 to decide to opt out. If you were not domiciled in the UK on 1 July 2026, but you have a claim under one or both of these amendments, you may opt in to the litigation by 21 October 2026.
The collective claims were filed on 30 November 2023 alongside applications for a Collective Proceedings Order.
When the applications for the Collective Proceedings Order were heard by the Tribunal, it considered arguments as to whether a Collective Proceedings Order should be granted (known as the claims being ‘certified’) i.e., whether to approve the claims as collective claims, so that they could proceed to the next stage.
As of 25 November 2025, the Tribunal has certified Justin Gutmann to act as class representative and the claims have been certified to proceed on an opt-out basis. The CPO Judgment is available here, a copy of the CPO Notice is available here, and a copy of the updated CPO Notice is available here.
The Tribunal has ordered the trial to take place in early 2029. Disputes of this size generally take a few years to resolve. In order to stay up to date with developments in the claims, please register your interest.
It is possible that settlement could take place before trial; however, any settlement reached between Justin and the Defendants will need to be approved by the Tribunal, and it must be just and reasonable and in the best interests of the members of the classes.
If you would like to receive updates on the progress of the claims, please register your interest to stay up to date.
You can also revisit this website to check for new information from time to time as it will be updated periodically.
If you have any further questions or would like any additional information, please email info@loyaltypenaltyclaim.com.
For media information please contact: media@loyaltypenaltyclaim.com.
If you meet the criteria of the classes for the collective claims and were domiciled in the UK on the applicable Domicile Dates, you will automatically be included in the collective claims (unless you opt out). Please note that the original opt-out deadline was 25 February 2026. An additional opt-out window, ending on 21 October 2026, applies only to members of the Amendment Group who were domiciled in the UK on 1 July 2026. Opt-out requests made after the applicable deadline require the permission of the Tribunal.
The classes consist of any person who:
The claims are brought on behalf of "natural persons". This definition excludes any corporate entities as these would not be classified as natural persons; however, any individuals or one person businesses (also known as sole traders) who use their Handset for both personal use and business purposes are included in the classes.
For clarity, the following entities are not included in the claim:
i. Limited businesses;
ii. Partnerships;
iii. Limited Partnerships; and
iv. Public Companies.
However, the following are included in the claim:
i. Individual customers; and
ii. Individual sole traders.
A Personal Representative can be part of the class on behalf of a deceased customer, and may opt in or opt out on behalf of the deceased person. For more information, please email the team at info@loyaltypenaltyclaim.com.
If you qualify as a class member, and were domiciled in the UK on the applicable Domicile Dates, you do not need to do anything at this stage.
If you believe that you qualify as a class member, you may like to sign up to receive email updates on the progress of the claims by clicking here.
Non-domiciled class members may be able to join the new claims under the amendments in either of the following circumstances:
• If you entered into a CHA Contract prior to 1 October 2015, but made a Loyalty Penalty payment after 1 October 2015; and/or
• If you made a Loyalty Penalty payment between 31 March 2025 and 1 July 2026.
members of the Amendment Group who were not domiciled in the UK on 1 July 2026.
You must, however, opt in by 21 October 2026. For other non-domiciled class members, the deadline to opt in was 25 February 2026. Opt-in requests made after the applicable deadline require the permission of the Tribunal.
Further information can be found in the updated CPO Notice that has been approved by the Tribunal, which can be found here. Should you have any questions, please contact us at on info@loyaltypenaltyclaim.com.
Please register to stay up to date.
No money is available now and there is no guarantee that money will be available in the future. Each of the claims against Three, Vodafone, EE and O2 will have to be proven before the Tribunal, unless a settlement can be agreed.
The progress of the proceedings can take time, so please be patient. If and when money becomes available, class members will be notified about how to obtain payment. Please register at www.loyaltypenaltyclaim.com to stay up to date.
In the event that compensation is to be paid to the classes, you may, subject to your eligibility, be required to come forward to claim your share of the compensation. Details on how to do this will become available at the appropriate time.
If you think you may be entitled to compensation, you should keep any records of your Combined Handset and Airtime Contract(s) with Three, Vodafone, EE and/or O2; invoices; payments that you have made; and any other records which you believe may be relevant. Such information may be needed as part of claiming your share of any compensation.
In addition to the types of business entities detailed above, the following are excluded from making a claim:
a. Members and staff of the Tribunal assigned to these proceedings and members and staff of any other courts assigned to hear any appeals and/or other challenges against decisions taken in one or more of these proceedings;
b. Officers, directors or employees of:
i. The Defendants;
ii. any entities which have a (direct or indirect) interest in any of the Defendants or an interest in the Defendants that gives rise to significant control; and
iii. any entities in which any of the Defendants have such an interest.
c. Justin’s and the Defendants’ legal representatives as well as any experts or other professional advisers instructed in these proceedings, including the professional staff assisting them.
d. Justin, who, as the class representative, has elected to exclude himself from the classes.
The deadline for objecting passed on 31 October 2024.
Justin is working with a specialist litigation funder, LCM Funding UK Limited, to bring the claims.
Justin is seeking a total compensation sum of around £1.2 billion plus interest for the class as a whole.
Eligible class members that come forward to claim will receive their share of the compensation.
You will not incur any costs for taking part in the collective claims. Neither will you be liable to Three, Vodafone, EE or O2 for their costs should the collective claims be unsuccessful, as Justin has arranged “After-the-Event” insurance, which provides protection against him having to pay the Defendants’ legal costs if the claims fail.
Class members who remain part of the class (i.e. who do not opt-out) will release Three, Vodafone, EE and O2 from any other liability. You will not be able to bring any other claims on the same basis in an alternative legal action.
We are aware that some of the Defendants, in particular Three, have been referring their customers to us for a “refund”. The Loyalty Penalty Claim has no affiliation with the Defendants, and does not process refunds or handle individual account issues for any mobile network.
The original deadline to opt out was 25 February 2026. An additional opt-out window is available for members of the Amendment Group who were domiciled in the UK on 1 July 2026. The deadline for those class members to opt out is 21 October 2026. Opt-out requests after that deadline need to be approved by the Tribunal.
By opting out, you will not be able to receive a payment if money becomes available through one or more of the Four Related Proceedings. However, you may be able to bring your own separate claim(s) against the Defendants in respect of the issues raised by the Four Related Proceedings.
Further information can be found in the updated Notice approved by the Tribunal and available here. Should you have any questions, please contact us at info@loyaltypenaltyclaim.com.
The original deadline to opt was 25 February 2026. Members of the Amendment Group who were not domiciled in the UK on 1 July 2026 may opt in by 21 October 2026. Opt-in requests after the applicable deadline need to be approved by the Tribunal.
Further information can be found in the updated CPO Notice approved by the Tribunal, which can be found here. Should you have any questions, please contact us at info@loyaltypenaltyclaim.com.