The Office of Competition and Consumer Protection noted that his The decisions against Netia and Orange Polska are final, and against the Play operator – no. We are talking about the return of money of current and former customers of these companies.
Refunds from Orange, Netia and Play – for what services
In the case of Netia, the decision of the President of UOKiK applies to payments for the following services: “Safe Internet 2”, “Safe Smartphone”, “Number Identification”, “HBO HD Package”, “GigaRadio Standard”, “GigaMaxi Recorder”. We informed about this decision two months ago.
In the case of Orange Polska, we are talking about services “Halo Granie”, “Cyber Shield”, “Orange Navigation”, “Orange Smart Care”, “Where is the child”, “Safe Internet” and “Mobile Internet with backup information package for the account”.
As for the Play operator, the conversation is: “Waiting music”, “Internet protection”, “NOW PLAY additional TV services”, “50 minutes / 50 sms / mms package for everyone”, “Safe internet”, “Unlimited calls to landline numbers”, “Unlimited sms / mms” to all networks “,” 100 minutes to other mobile networks “and” 200 minutes to other mobile networks “.
In the case of P4, this is about pic.twitter.com/VFr261yzC8
– UOKiK (@UOKiKgovPL) April 21, 2022
The announcement from UOKiK describes that all three operators activated additional services during a telephone conversation, in the salon or by concluding or extending the contract via the Internet. Users did not explicitly agree to additional services, but were required to turn them off until the end of the free period. If they did not, they had to pay for these services.
#Netia, #orange and #Play they will reimburse consumers for additional services received without their express consent.
✔️All complaints will be considered positively.
✔️Regulations for informing consumers about paid services will change when concluding the contract.
📎https: //t.co/Vru1Lnn1V6 pic.twitter.com/sTUnPKnjYc
– UOKiK (@UOKiKgovPL) April 21, 2022
The department has received complaints from customers who are unaware that they have activated additional paid services. In the middle of last year, the president of the Office for Competition and Consumer Protection (UOKiK), Orange Polska, and P4 were accused of violating collective consumer interests.
UOKiK emphasizes that the consumer’s open consent to additional paid services is an expression of “yes” or “no” in relation to the offer of the operator. – This situation will not occur if the terms of the offer provide for the need to use an additional paid service to conclude a contract with the terms of the promotion. The consumer must have a real choice, and therefore the answer “no” should result in the activation of the service, the message said.
– In accordance with the Law on Consumer Rights, the introduction of additional paid services must take place with the open consent of the subscriber. This should happen at the latest, not at the end of the process. This obligation is not fulfilled by informing the services that they should be included in the contract or that they should be terminated – once the conditions have been determined – comments the office’s president, Tomasz Khrostin.
UOKiK also fined T-Mobile Polska and Plus
In June last year, the Court of Appeals upheld UOKiK and rejected T-Mobile Polska’s appeal. The operator violated the collective interests of consumers by including additional paid services such as “Play while waiting”, “Szafa Gra” or “Subscription” without the open consent of consumers. The court upheld the fine of 15 million PLN.
In turn, in May last year. The Court of Competition and Consumer Protection rejected Polkomtel’s appeal, acknowledging that the President of the Board was justified in practice and fined about Rs 40 crore. The President of the Office of Competition and Consumer Protection (UOKiK) noted that the collection of fees for activated services by Polkomtel, despite the lack of explicit consent of the consumer, is a practice that violates the collective interests of consumers. It was about, for example: “Czasoumilacz”, “Internet protection”, “Nearby location”, “Safe Internet”.
The inclusion of additional paid services must always be carried out with the open and informed consent of the consumer – informs UOKIK. “According to the law on consumer rights, this should happen at the latest when you express a will to conclude a contract,” the Office said.