It's a good question, and one that's being investigated by UK communications watchdogs Ofcom and Icstis, following controversy around a Disney Mobile advert that promised a free game. Some users downloading it found they were stung for as much as £5 in data charges.
This isn't a deliberate rip-off like some of the ringtone subscription scams from recent memory: the problem is that data charges vary from operator to operator (and, indeed, from tariff to tariff), so it's near-impossible for anyone downloading a game 'off-portal' to know how much it'll cost them in data charges.
Disney is apparently rethinking its marketing strategy, while there are reports that Ofcom and Icstis are gearing up for a proper investigation, to ensure mobile users aren't hit by any more surprise charges of this nature.
(via This Is Money)
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