UOKiK: Zrzutka.pl with allegations; proceedings against Pomocm.pl and Siepomaga.pl

As indicated in the message, doubts UOKiK concern mechanisms and content encouraging support for websites when making donations to fundraisers conducted through them.

We have sent requests to the websites to forward their position. However, as of the time of publication, we have not received a response.

“We do not question the right of the owners of websites enabling collections to collect fees to cover the costs of running them or to make some form of profit. Companies such as Zrzutka.pl, Crowding or Fundacja Siepomaga have the right to do so. However, they should do it in a transparent manner, without using techniques , which fall within the definition of dark patterns (practices of manipulating consumers' actions in the virtual space – ed.). The protection of consumers in contacts with entrepreneurs, regardless of the nature of their business, is our priority,” said Tomasz Chróstny, President of the Office of Competition and Consumer Protection. quoted in the announcement.

The Office of Competition and Consumer Protection raises the most objections to practices on the Zrzutka.pl website. The analysis conducted during the explanatory proceedings regarding the website operator shows that some of the company's activities and the content on the website may be manipulative. The regulations of Zrzutka.pl inform that making a donation to the website when making a transaction (which was referred to as “covering the costs of handling the transaction”) is voluntary. However, subsequent steps in the payment process could be misleading for the consumer.

“For example, giving the false impression that covering the costs of handling the transaction was a condition for making a donation to the selected fundraiser. This was indicated by the functionality of the website, which, after clicking the “I am making a donation” button, automatically took you to the section of the form regarding consent to cover the costs of handling the transaction,” he said. UOKiK.

In this situation, a consumer who wants to support a selected cause may be convinced that it is not possible to make a payment without incurring additional costs to the website. In addition, a person wishing to make a donation for a selected purpose is forced to confirm the refusal to donate the said fee several times – stated in the announcement.

“During this process, the website operator additionally uses a message that causes emotional pressure, which may also constitute an unfair market practice. It is a pop-up with the image of a small cat with the text: When you deprive us of coins, a kitten is crying somewhere in Poland. Are you sure you want to cancel your donation to Zrzutka.pl? Messages of this type may influence the feelings and decision-making processes of consumers, even more strongly in the case of their participation in collections helping animals,” the Office of Competition and Consumer Protection said.

The office also raises doubts about the use of the word “donation”, which in the website's interface is used both to refer to a contribution to a selected collection and to a fee to cover the costs of the transaction. “It should be emphasized that the idea of ​​the Zrzutka.pl website is to transfer funds to selected entities, so in these circumstances the concept of 'donation' should be identified with donating money to an organized collection. Using this concept as a synonym for 'agreement to cover the costs of handling the transaction ' may mislead donors, even if from a legal perspective it is a donation to the website operator,” Chróstny pointed out.

The office informed that Users of the websites Pomocm.pl and Siepomaga.pl also complain about the use of unfair mechanisms.who, when making donations to charity collections, ask for additional support for their own activities.

In each case in which the Office of Competition and Consumer Protection finds that entrepreneurs have used practices that violate the collective interests of consumers, the office may order a change in the questioned practices and, in justified cases, also impose a penalty of up to 10%. turnover – stated in the announcement.