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Cyfrowy Polsat will have to pay compensation to customers for services they did not want – UOKiK

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The President of the Office of Competition and Consumer Protection imposed an obligation on Cyfrowy Polsat to pay compensation to customers. As determined by UOKiK, the operator automatically activated one or two additional services for consumers without asking for permission to enable them.

UOKiK in the course of the proceedings, it established that when concluding or amending the terms and conditions of agreements on access to the Internet, Cyfrowy Polsat automatically activated one or two additional services for consumers. At this stage, the company did not ask consumers for their consent to include them. Meanwhile, the entrepreneur should already then obtain explicit consent to activate them and the associated fees, charged after the free promotional period.

Unwanted services that you had to pay for

It is about the anti-virus program “Internet Protection” and the service of playing audiovisual materials on various devices – “IPLA 3 z 3 website”. They were a component part of most promotional offers and consumers could not opt ​​out of them when concluding the contract, regardless of whether they were interested in them. They were only able to do that after the contract was signed.

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Moreover, it was the responsibility of consumers to turn off additional services before the end of the free period of using them in order to avoid the associated payments.

– Consumers should have the real thing the ability to choose and assess whether they need a given service and whether they want to bear the costs associated with its launch. Fees going beyond the agreed main service, in the case of Cyfrowy Polsat beyond the subscription for the Internet access service, must be clearly and explicitly accepted by consumers at the latest at the time of concluding the contract – says Tomasz Chróstny, President of UOKiK.

Cyfrowy Polsat will have to pay compensation

In the decision, the President of UOKiK imposed an obligation on Cyfrowy Polsat to fulfill its commitment. Consumers are entitled to compensation to the extent the first three invoices containing fees for additional services activated without their express consent, provided that they resigned from them before receiving the fourth such invoice. In addition, the Company will reconsider and take into account all complaints submitted so far. Cyfrowy Polsat’s commitment applies to both current and former customers, and the details of its implementation are included in the content of the decision.

In addition, Cyfrowy Polsat will inform subscribers about the decision of the President of UOKiK in individual correspondence and on the Company’s website and its social media profiles (Facebook, Twitter).

The decision is invalid. Cyfrowy Polsat will start fulfilling its obligation within the time limits specified in the decision after it becomes final.

The obligation to obtain express consent before concluding the contract for any additional payments results from Art. 10 of the Consumer Rights Act. The President of UOKiK has indicated this many times in his actions against the telecommunications industry. In recent years, he has issued decisions against UPC, Netia, P4 (Play network operator) and Orange Polska. Vectra is currently under investigation.

Main photo source: Shutterstock



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