The President of UOKiK raised Orange and T -Mobile allegations in connection with the presentation of prices in a way that can mislead consumers – UOKiK said in a message. Orange was also charged with losing a discount for connecting services in a situation of not paying the invoice on time. Both companies are threatened with a penalty of up to 10 percent. annual turnover.
It was stated that operators gave prices taking into account optional discounts as if they were standard prices.
“The assessment of the attractiveness of the telecommunications offer is often based on the presented price. However, the way of presenting it by entrepreneurs sometimes hinders consumers a reliable comparison of offers. This applies to, among others, marketing activities conducted by Orange and T -Mobile, which the President of UOKiK raised charges” – it was written.
It was indicated that both companies offer their subscribers discounts, including for using electronic invoices or expressing marketing consents. In the course of the explanatory proceedings, the President of UOKiK determined that the prices of services taking into account these discounts are presented by Orange and T-Mobile as a standard price. This takes place in both advertising messages and during telephone sales conversations with a consultant.
It was stated that consumers are encouraged by the attractive offer of a cellular subscription or a wider package of services, but they do not immediately receive clear information, e.g. that the failure to grant certain consents (for marketing and e-invoice) or failure to comply with additional conditions will be associated with higher fees. According to the President of the Office, such action may be misleading, which is why he charged both telecommunications operators with allegations of applying practices that violate the collective interests of consumers.
“In recent years, the basis of a marketing arsenal of telecoms in Poland are gigabytes and discounts. In the heat of the struggle for the client, operators forget to reliably inform how much their services actually cost” – said the president of UOKiK, Tomasz Chróstny, quoted in the announcement.
“If they present the price after discounts for meeting certain requirements, then their duty is to indicate what a given discount applies, what the amount is and what are the rules for granting it. Only then can the consumer assess the attractiveness of the offer presented by the entrepreneur” – he added.
T -Mobile in its commercials and during telephone sales conversations presents prices for services taking into account discounts – PLN 5 per month for, among others Expressing marketing consents and settling on the basis of received e-invoices. When making decisions, consumers may not know that the price that has been presented to them is conditioned.
This is because, depending on the means of communication (advertising, conversation with a consultant), T-Mobile does not present the price without discounts or information about the types and amount of discounts included in the price, or does it in a illegible or ambiguous manner, or at too late stage of concluding the contract. Customers who ultimately do not want to use, among others From the e-invoice or agree to marketing, they have to pay a monthly subscription by PLN 10 higher than indicated by the offer they decided.
Orange applies similar practices. In marketing messages, it encourages to take advantage of its offer by providing prices that take into account discounts for marketing consent or the selection of e-invoice. The company's clients also offer discounts for combining services, i.e. concluding contracts for more than one service in the Orange network – e.g. to two telephone numbers.
Incorrect presentation of services prices is not the only allegation made by the President of the Office to Orange. Consumers who do not pay bills within the date The Company increases subsequent invoices by the value of discount for combining services in Orange (PLN 20), which was included in the price.
This is particularly severe for customers who have benefited from this discount, because in the event of a delay in payment, these customers lose it on all telephone numbers on which he was given. For example, when several phone numbers are settled on a given account, under which this discount was granted, the value of the lost discount for each contract will be added to the invoice. For example, the amount of PLN 60 for three telephone numbers.
In the opinion of the President of UOKiK, the loss of discount for not paying the invoice on time may be a contractual penalty. Pursuant to the provisions of the Civil Code, entrepreneurs may reserve such a sanction only in the case of non -monetary obligations. In the discussed case, the operator reserved the possibility of double punishment of subscribers. In addition, regardless of the withdrawal of the discount, it can charge interest for delays in paying the receivables. According to the President of the Office, such practice may violate the collective interests of consumers.
If the allegations are confirmed to both Orange and T-Mobile, there is a penalty of up to 10 percent. annual turnover.
It was indicated that the aforementioned companies are not the only telecoms, which the President of UOKiK charged. Similarly, they heard earlier, among others Vectra, Multimedia Polska, P4 (Play network operator) and Netia. (PAP Biznes)
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