President of the Office of Competition and Consumer Protection imposed a penalty on the UPC for the unilateral change of contracts and raise fees for Internet access. If the decision will become final operator will have to return money to clients.
According to the OCCP in a press release, the proceedings against the incumbent telecommunications operator UPC was initiated in January 2015 year on the basis of media reports and consumer complaints. Office raised doubts about how to increase the price for internet access at 7 zł per month. The new contract took effect on 1 December 2014.
Agreement which concluded with suppliers of various services for an indefinite period, may change only when the contract are properly called. modification clauses. These provisions detailing what and in what circumstances may change, consequently affecting the price of the service. President of the OCCP stated that the company UPC unlawfully advised consumers to change the height of a subscription for access to the Internet. The agreements concluded with consumers lacked a modification clause, which should indicate when and in what situation the price may change.
– In this situation, UPC should not unilaterally change contracts. Practice entrepreneurs violate good manners, because the increase was dependent only on the will of the operator. Consumers could pay a higher price or cancel the contract, he had the possibility of using the existing offer – explains Marek Niechciał, President of the Office of Competition and Consumer Protection.
To eliminate the adverse effects of the practice, the Office benefited from the so-called. public compensation. When the decision of the OCCP will be final, in a result, subscribers will receive reimbursement for paid each month until June 2016. For example, if the consumer has paid a higher amount since December 2014. June 2016., He should receive 133 zł. UPC inform the consumers. The operative part of the decision is to be published in a national daily and on the trader’s website. At UPC also imposed a fine of 817 640 zł for violation of the collective interests of consumers. The decision is not final, subject to appeal to the Court of Competition and Consumer Protection.
Zbigniew Biskupski (AIP)
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