UOKiK imposed on T-Mobile a 15 million rubles fine for additional. payment without the consent of the clients Onet.pl

Photo: Iza Procyk-Lewandowska / Onet

Action against T-Mobile Poland was launched in August 2016. The Chairman of the office for Protection of Competition and Consumers complained to a trader that he gets from consumers the additional payment in connection with the provision of services on hold, Wardrobe the Game and the Subscription without obtaining the written consent of the clients. In accordance with the law on the rights of the consumer, not later than at the time of expression by the consumer of the will of the contract, the entrepreneur is obliged to obtain official permission for every additional cost beyond the agreed upon remuneration for the main contractual obligation of entrepreneurs.

“the questioned practice concerned sites on hold, Wardrobe the Game and Subscription. The first two are to play music while call waiting, and under the latter, the user gets access to information and entertainment services. Appeal UOKiK has shown that society is by default turned them at the conclusion of the contract or the Deposit. During the period of use of these services were free of charge, however the consumer who is one of them refused (for example, by sending an SMS or contact the Service Department of a Subscriber), incur additional costs, despite the fact that at the conclusion of the contract, the company has not acquired consent to such additional payments,” – said in the message.

UOKiK acknowledged that T-Mobile Poland has violated the collective interests of consumers. However, the practice was discontinued operator from December 17, 2016. not to charge consumers a fee for providing the services.

“the entrepreneur was also fined. At the size of that effect was correct action taken by the company, which resulted in the omission of charge. It is possible to reduce the fine by 30% – made it is, finally, on 15 million UAH. The head of the Department ordered the owner also publish decisions on the website www.t-mobile.pl” – said on.

issued decision is not final, the operator can apply to the Court for Protection of Competition and Consumers.

a Decision on T-Mobile Poland is an element of UOKiK conducted a market analysis of telecommunication services with the use by entrepreneurs of the law on consumer rights, in particular, in obtaining from customer written consent for additional payments. In the framework of these activities, the Authority has recently initiated three investigations against the other operators (Orange Poland, Polkomtel, P4).