Modifications of contracts during their term, based on non-transparent criteria, are illegal – this is the position taken by the Office of Competition and Consumer Protection in connection with numerous complaints from Vectra customerswith which the operator increased the subscription fee even from month to month, explaining, among other things, inflation. Now Vectra will have to pay a fine of PLN 68 million.
Vectra raised prices “because of inflation”. Now he will pay the penalty
As the Office of Competition and Consumer Protection reminds, the case dates back to September 2022. It was then that Vectra began to use clauses in contracts with clients authorizing changes to the applicable conditions – the introduction of increases as well as new, previously unforeseen fees.
They could be related to an increase in inflation, as well as a number of other unspecified circumstances, e.g. an increase in expenditure related to the service provided, a significant extension or improvement of functionality. The provisions were written in an unclear manner, and consumers had no way of predicting their impact on their bills. The clauses gave the company freedom as to whether and when the fees would be increased, but did not take into account the possibility of reducing them, even on the basis of the same grounds.
– explains the Office of Competition and Consumer Protection.
The operator's actions resulted in an avalanche of complaints from dissatisfied customers to the Office of Competition and Consumer Protection. They showed, among other things, that after increasing the fees, Vectra still offered new customers to conclude contracts at the old prices, only to increase the subscription amount after a short time.
What is unacceptable to me is the fact that the contract was concluded on December 1, 2023, and only 3 months from March 2024, the fee is indexed. If Vectra sees an increase in operating costs, the price for the service should be higher from the very beginning, because there have been no significant economic events in the last 3 months that would affect price increases.
– wrote one of the customers.
I made the decision based on the offers in January, I accepted the rate that will apply to me for the next 2 years with a possible indexation for 12 months in accordance with the information. NBP on the inflation level. However, the indexation took place on January 26, 2024 !!!!!!!!!!!! 3 days later with information that a different price list will apply from March 1 than the one I chose 3 days ago
– we read in another complaint.
President of the Office of Competition and Consumer Protection: “We should know how much we will pay for a given service every month”
When concluding a contract as consumers, we should know how much we will pay for a given service every month. The price is a key element influencing the decision to conclude a contract and should be communicated to us clearly and understandably. If a trader tempts a consumer with an attractive offer in order to increase the price soon after concluding the contract based on indicators prior to the conclusion of the contract, clauses that allow this cannot be considered objective and fair.
– emphasizes the president of the Office of Competition and Consumer Protection, Tomasz Chróstny.
As Chróstny notes, fixed-term contracts should not be subject to unilateral changes in their essential elements – for example, price. Therefore, the President of the Office of Competition and Consumer Protection imposed a financial penalty on Vectra in the amount of over PLN 68 million. Once the decision becomes final, the company will also have to refund eligible customers sum paid subscription increases.
Vectra: We do not agree with the decision of the Office of Competition and Consumer Protection
The operator itself has already announced that it intends to appeal against the decision of the Office of Competition and Consumer Protection. – We do not agree with the decision of the President of the Office of Competition and Consumer Protection and will appeal against it. We believe that our actions were legal. The decision of the Office of Competition and Consumer Protection is not final – says Justyna Grzelak from offices press cable operator.
Regardless of the procedure, on our own initiative, already in spring we introduced a number of changes to contracts that were beneficial from the customers' perspective. We will take further steps after analyzing the justification for the decision. Until then, we will not provide further information or comment on this matter
– adds Justyna Grzelak.