Million-dollar fine for activating unsolicited contracts. Beware of call centers and door-to-door agents

New sanctioning intervention in the energy market. The Privacy Guarantor has ordered Hera Comm Spa to pay a fine of 5 million euros for serious violations found in the processing of personal data of over 2,300 customers in the supply of electricity and gas. A measure that is underlined by the Codici association, especially to warn users.

“The activation of unsolicited contracts is now a chronic problem – says Ivano Giacomelli, National Secretary of Codici – and these interventions are confirmation of this. Every day we receive reports from consumers who complain that they have discovered that they are the holders of a new supply without having given their consent, without even having had contact with the company. And this often happens when bills arrive, which in many cases have disproportionate costs. It is important to pay maximum attention when receiving proposals, whether by phone, email or from door-to-door agents. You need to read the contractual conditions carefully, without stopping at supposedly advantageous offers, because they are often the ones that hide the scams”.

Returning to the sanction of the Privacy Guarantor to Hera Comm Spa, the Authority intervened following numerous reports and complaints regarding the conclusion of unsolicited contracts in the free market, compiled with inaccurate and outdated data of the company’s customers. In particular, the complainants complained that they had learned of the establishment of the new contract only after Hera had received documentation signed with a forged signature or communications to update the activation status of the supply, without ever having had any contact with the company. Some complaints also concerned Hera’s inaccurate or late response to requests to exercise rights pursuant to the Privacy Regulation.

From the inspections carried out, the Authority found that the company had not adopted adequate technical and organizational measures to prevent the illicit use of customer data by door-to-door agents. The latter, in fact, acquired the personal details of the interested parties through the use of personal devices, for example by taking photos of the relevant identification document, and then proceeded without their knowledge to activate the supply. In some cases, the Guarantor also reports, the agents also activated insurance policies, signed with a false signature, sent together with the contracts. The monitoring system used by the company through control calls aimed at verifying the actual will of the customer was also inadequate. In most cases, in fact, the activation had occurred even when such calls had not been successful due to the unavailability of the person contacted.

The Guarantor, therefore, in addition to the pecuniary sanction, has ordered the company to take a series of corrective measures, including the adoption of a system that provides for the interruption of the contractualization process in the event of failure to respond to the control phone call; as well as the carrying out of preventive checks and periodic audits to evaluate the work of the agencies in charge. The company will also have to establish specific data retention periods, distinguished by category and processing purpose.

The Codici association provides assistance to consumers in the case of contracts activated without consent or bills with excessive costs. For reports and clarifications, call 065571996 or write to segreteria.sportello@codici.org.