The President of the Office of Competition and Consumer Protection dealt with two companies offering telecommunications services. The regulator issued a decision requiring UPC to return fees for unsolicited services, while Canal+ Polska was charged with enabling additional services to consumers without express consent. We asked the companies to send us their positions, but we did not receive a response at the time of publication.
Compensation is to be received by former UPC customers using the “More benefits for you” package.
Additional services without express consent
“Activation of any benefits, their paid addition to a previously concluded contract, must take place with the express and conscious consent of consumers. Meanwhile, UPC Polska, as part of the 'More benefits for you' program, launched additional TV channels for its customers and increased the speed of the Internet, without asking them for their consent to such actions. A higher subscription fee for new services (by PLN 4 or 8 depending on the package) was charged automatically, leaving only the possibility of resigning from unilaterally introduced changes to contracts for an indefinite period,” the release reads.
It was added that it is important that the lack of objection on the part of consumers cannot be perceived as tacit consent to the entrepreneur's actions.
Office of Competition and Consumer Protection informed that UPC Polska, currently P4, will no longer charge a subscription fee in the increased amount resulting from the disputed changes. Customers will be able to continue the contract with a higher subscription fee for an additional number of channels or increased internet speed, but only if they freely consent to this. In addition, the operator will refund all consumers for the time they paid the increased subscription fee under the “More benefits for you” program (up to 9 billing months, max. PLN 72). As compensation, the entrepreneur will also offer preferential conditions for mobile internet.
Charges against Canal+
The President of the Office of Competition and Consumer Protection also questioned practices involving automatic activation of additional services and collection of payments for them, without obtaining the express consent of consumers, and it is questionable whether they are held responsible for not canceling such activated services. This is the subject of the allegations made by the President of the Office of Competition and Consumer Protection against Canal+ Polska.
“When concluding a contract for access to mobile internet or mobile telephony, the company's customers were not asked whether they wanted to activate additional services, nor did they express such consent. They were only informed that the antivirus called 'Safe Internet' or the 'Music Premium' service, providing access to the Tidal service, would be enabled, and that they would be able to cancel one or both options after concluding the contract. The 'Safe Internet' and 'Music Premium' services were subject to a fee after the free period, and consumers had to remember to disable them. Otherwise, an amount of PLN 3 or PLN 9 for the antivirus and PLN 19.99 for using the music service was added to their subscription,” it was written.
Canal+ Polska faces a fine of up to 10 percent of its turnover.
We sent a request to representatives of both companies for their position. At the time of publication, we did not receive a response.
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