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”) paid 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 off in full.
Using our register form, you can select multiple options simultaneously to express your interest in a number of different networks.
Afterward, you will receive confirmation for the mobile network brands you have selected.
The following contracts are included in the claims:
Three:
If you were a party to a Combined Handset and Airtime Contract with Three and, after the expiry of the relevant Minimum Term, made one or more periodic payments in excess of the comparable SIM-only price between 1 October 2015 and 1 July 2026, then you may be eligible for compensation.
Vodafone:
If you were a party to a Combined Handset and Airtime Contract with Vodafone and, after the expiry of the relevant Minimum Term, made one or more periodic payments in excess of the comparable SIM-only price between 1 October 2015 and 1 July 2026, then you may be eligible for compensation.
EE (including its other brands ‘Orange’ and ‘T mobile’):
If you were a party to a Combined Handset and Airtime Contract with EE, Orange or T-Mobile and, after the expiry of the relevant Minimum Term, made one or more periodic payments in excess of the comparable SIM-only price between 1 October 2015 and 1 July 2026, then you may be eligible for compensation.
O2:
If you were a party to a Combined Handset and Airtime Contract with O2 and, after the expiry of the relevant Minimum Term, made one or more periodic payments in excess of the comparable SIM-only price between 1 October 2015 and 1 July 2026, then you may be eligible for compensation.
A Combined Handset and Airtime Contract is a contract in terms in 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, and in the best interest, of the class members. Justin is obliged to act fairly and adequately, and to obtain the best possible outcome for the class members.
Justin is also 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 claim.
Justin is also supported by a consultative group, made up of industry experts, who 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 their 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 interest 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 their 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.
People within the class who are domiciled in the UK on the applicable date determined by the Tribunal (the “Domicile Date”), are automatically included in the collective claims unless they follow specific steps to opt-out.
The class definition has been approved by the Tribunal. Broadly, if you were a party to at least one Combined Handset and Airtime Contract with any of the Defendants and made one or more qualifying payments after the expiry of the Minimum Term between 1 October 2015 and 1 July 2026, you may be included in one or more of the classes, subject to the detailed class definition and exclusions.
The collective claims were filed on 30 November 2023 alongside applications for a Collective Proceedings Order.
On 25 November 2025, the Tribunal certified Justin Gutmann to act as class representative and the claims have been certified to proceed on an opt-out basis. The CPO Judgment and original CPO Notice are available here.
An updated CPO Notice was published on 21 July 2026, reflecting amendments to the class definition (the “Amendment Group”). These amendments widen who is included in the claims in two important ways:
· Customers who entered into at least one Combined Handset and Airtime Contract before 1 October 2015 but made a periodic payment once the Minimum Term expired on or after 1 October 2015; and
· Customers who made a periodic payment once the Minimum Term expired on or before 1 July 2026.
A copy of the updated CPO Notice and the relevant Order drawn on 14 July 2026 are available here.
Disputes of this size generally take a few years to resolve. In order to stay up to date with developments in the claim, 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 interest 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 for being a member of the class for one or more of the collective claims and were domiciled in the UK on the applicable Domicile Date, you will automatically be included in the relevant collective claims unless you opt out.
For the purposes of these claims, you are domiciled in the UK if you are resident in England, Wales, Scotland or Northern Ireland on the applicable Domicile Date.
The classes consist of any person who:
The Domicile Date was 25 November 2025, for all class members who were included in the one or more of the proceedings that were initially filed on 30 November 2023.
For the “Amendment Group” – see the answer to “What is the timeline for the litigation?” above – this is 1 July 2026.
The claims are brought on behalf of "natural persons". This definition excludes any corporate entities as these would not classify as a natural person; 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 Date, you do not need to do anything at this stage unless you wish to opt out.
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.
If you were not domiciled in the UK on the applicable Domicile Date, you are not automatically included and must opt in to participate in the relevant collective claims.
Members of the Amendment Group who were not domiciled in the UK on 1 July 2026 must submit an opt-in request by 21 October 2026. For other class members, the original opt-in deadline was 25 February 2026, and any late opt-in request requires the permission of the Tribunal. Please see “I was not resident in the UK on 1 July 2026, Can I opt in to the claim?” for further information.
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 a payment. Please register at www.loyaltypenaltyclaim.com to stay up to date.
In the event that compensation is to be paid to the classes, subject to your eligibility, you may 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 an (direct or indirect) interest in any of the Defendants or an interest in the defendants that give 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, as the class representative, has elected to exclude himself from the classes.
Please be aware the deadline has now passed.
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 for opting out of the claim was 25 February 2026. Any request to opt out after that deadline need to be approved by the Tribunal.
Following an Order of the Tribunal drawn on 14 July 2026, an additional opt-out window is available. This window applies only to members of the “Amendment Group” who were domiciled in the UK on 1 July 2026.
For the purposes of the claim, you will be treated as domiciled in the UK if you were resident in England, Wales, Scotland or Northern Ireland on 1 July 2026. You are a member of the Amendment Group if you:
· entered into at least one Combined Handset and Airtime Contract before 1 October 2015 and, after the Minimum Term of that contract expired, made one or more payments in excess of the SIM Only Price on or after 1 October 2015; and/or
· between 31 March 2025 and 1 July 2026, made one or more payments that in excess of the SIM Only Price after the Minimum Term of a Combined Handset and Airtime Contract had expired. It does not matter whether you also made such payments on or before 31 March 2025.
The deadline for opting out under the additional window is 21 October 2026.
To opt out, you can complete the online form here.
Alternatively, you can download the form here and send the completed and signed form via email to optout@loyaltypenaltyclaim.com or via post to:
Loyalty Penalty Claim
PO Box 82094
London EC2P 2WJ.
You should specify which of the claims against Vodafone, EE, Three and/or O2 you wish to opt out of.
To be processed, the opt-out form must be received or postmarked by 21 October 2026.
If the opt-out form is submitted after 21 October 2026, you will not be able to opt out of the class without the permission of the Tribunal.
Once the opt-out form has been received and processed, you will be sent an acknowledgement by email if you have provided an email address, or by post if you have not.
By opting out, you will retain your right to bring your own separate claim against any of the Defendants. However, you will not be able to receive any money from this claim (if money becomes available).
Further information can be found in the Notice that has been approved by the CAT, which can be found here . Should you have any questions, please contact us on info@loyaltypenaltyclaim.com.
The original deadline for opting in to the claim was 25 February 2026. Any request to opt in after that deadline requires the permission of the Tribunal.
Following the Tribunal’s Order drawn on 14 July 2026, an additional opt-in window is available. This additional window applies only to members of the Amendment Group who were not domiciled in the UK on 1 July 2026.
You are a member of the Amendment Group if you:
This additional opt-in requirement applies even if you were resident in the UK before 1 July 2026.
You can complete the online form here or download it here and send the completed and signed form via email to optin@loyaltypenaltyclaim.com or via post to:
Loyalty Penalty Claim
PO Box 82094
London EC2P 2WJ.
You should specify which of the claims against Vodafone, EE, Three and/or O2 you wish to opt in to.
To be processed, the opt-in form must be received or postmarked by 21 October 2026.
If the opt-in form is submitted after 21 October 2026, you will not be able to opt in to the class without the permission of the Tribunal.
Once the opt in form is received and processed, you will be sent an acknowledgement by email if you have provided an email address, or by post if not.
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 on info@loyaltypenaltyclaim.com.