Netia, Orange and Play will refund the fees to consumers for additional services included without their express consent, informed the Office of Competition and Consumer Protection. All complaints are to be positively considered. According to the office, the companies also undertook to change the questioned practices.
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As UOKiK reported on Thursday, the President of the Office, Tomasz Chróstny, issued decisions against telecommunications operators: Netia, Orange and P4, according to which they will reimburse consumers for the fees charged for the automatic activation of additionally paid services. “This happened along with the conclusion or extension of the contract during a telephone conversation, in the salon or via the Internet” – indicated.
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Netia, Orange and Play will reimburse customers for the fees
It was noted that the services were turned on automatically, without the express consent of consumers, and that they were obliged to turn them off before the expiry of the free period of their use. “Many people writing to UOKiK were not aware that they had to do it” – underlined.
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“In accordance with the Act on consumer rights, the inclusion of additionally paid services must take place with the express consent of the subscriber. This should happen at the latest when he expresses his will to conclude the contract, and not at the very end of the process” – he indicated, quoted in the statement on Thursday, Chróstny. He explained that this obligation is not fulfilled by the provision of information about the inclusion of services in the contract or the fact that they must be deactivated.
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According to the Office of Competition and Consumer Protection, all complaints will be positively considered.
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As reported by the Office, in the case of Netia these are the following services: “Safe Internet 2”, “Safe Smartphone”, “Identification Number”, “HBO HD Package”, “GigaNagrywarka Standard”, “GigaNagrywarka Maxi”; in the case of Orange Polska: “Halo Granie”, “Cyber Shield”, “Orange Navigation”, “Orange Smart Care”, “Where is the Child”, “Safe Internet” and “Mobile Internet with a backup data package to the account”. However, in relation to P4 it is about: “Music while waiting”, “Internet protection”, “Play NOW additional TV services”, “Package 50 min / 50 sms / mms for all”, “Safe internet”, “Unlimited calls to numbers fixed lines “,” Unlimited sms / mms to all networks “,” 100 minutes to other mobile networks “and” 200 minutes to other mobile networks “.
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Activation of additional services
UOKiK pointed out that the consumer’s express consent to additionally paid services is a “yes” or “no” statement in relation to the operator’s proposal. Such a situation will not take place when the terms of the offer provide that the use of a paid additional service is necessary to conclude a contract on promotional terms – they added. “The consumer should have a real choice, and therefore answering ‘no’ should result in the lack of activation of the service in question” – reported.
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According to the Office, Netia, Orange and P4 will change their practices and compensate consumers for the losses incurred. “The decisions against Netia and Orange Polska are legally binding, and against P4,” it was indicated. It was added that the decisions concern current and former subscribers.
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As indicated, operators will implement procedures according to which the consumer will be asked at the stage of concluding the contract for consent to activate additional paid services.
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photo-source">Main photo source: Shutterstock
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