Polish anti-trust watchdog obliges UPC to refund fees for unsolicited services; Canal+ Poland charged
Poland's antitrust and consumer protection regulator UOKiK has issued a decision obliging UPC to refund fees for unsolicited services. The head of UOKiK has also brought charges against Canal+ Poland for including additional services to which consumers had not given their consent, the regulator said in a statement.
Former UPC customers using the 'More Benefits for You' package are to be compensated.
"The activation of any benefits, adding them to a previously concluded contract for a fee, must take place with the express and informed consent of consumers," UOKiK stressed.
"Meanwhile, UPC Poland, as part of the 'More Benefits for You' programme, was activating additional TV channels and increasing internet speeds for its customers, without asking their consent for such actions," it added.
UOKiK said UPC charged a higher subscription for the new services by PLN 4 (EUR 0.93) or PLN 8 (EUR 1.87), depending on the package, automatically, leaving only the possibility to resign from the unilaterally introduced changes to contracts of indefinite duration.
It added that it is important that the lack of objection on the part of consumers cannot be perceived as tacit approval of the entrepreneur's actions.
UOKiK said that UPC Poland, now P4, will no longer charge subscription fees at the increased amount resulting from the disputed changes. Customers will be able to continue their contract with a higher subscription rate for additional channels or increased internet speed, but only if they freely agree to it.
In addition, the operator will reimburse all consumers for the time they paid the increased subscription under the 'More Benefits for You' programme which is up to 9 billing months, max. PLN 72 (EUR 16.83). As compensation, the operator will also offer preferential terms for mobile internet.
The head of UOKiK also questioned the practice of automatically activating additional services and charging payments for them, without obtaining the consumers' explicit consent to do so, and it is questionable to hold them responsible for failing to cancel services activated in this way. This is what the head of the UOKiK has charged Canal+ Poland with.
"The company's customers, when concluding a contract for mobile internet or mobile telephony access, were not asked whether they wanted to activate additional services, nor did they give such consent. They were only informed that the antivirus called 'Safe Internet' or the 'Music Premium' service, which provides access to Tidal, would be activated, and that they would be able to opt out of one or both options once the contract was concluded," it said.
"The 'Secure Internet' and 'Music Premium' services were chargeable after the free period, and it was up to consumers to remember to switch them off. Otherwise, an amount of PLN 3 or PLN 9 for the antivirus and PLN 19.99 for the use of the music service was added to their subscription," it added.
Canal+ Poland faces a fine of up to 10 percent of turnover.
doa/ nl/ ao/
