15 million rubles fines for T-Mobile from UOKiK. The network intends to appeal – Virtual Russia

15 million rubles – this penalty is imposed on the mobile operator T-Mobile Poland President of the office for Protection of Competition and Consumers. The network was fined for “practices that violate collective interests of consumers”, – said the UOKiK. The case in the absence of obtaining consent from clients to cover additional costs in connection with services “on hold”, “prekrasnenko” and “Subscription”. The network quickly ceased to charge, which led to a reduction in the penalty by 30%. Now T-Mobile Poland promises to appeal the decision of the Ministry.

the Expense of loading extra fees operator the Chairman of the office for Protection of Competition and Consumers, occupied in August 2016. The network is accused, then the accrual of additional payments, without the written consent of the clients.

in accordance with the law on the rights of the consumer, not later than at the time of expression by the consumer of the will of the contract, the entrepreneur is obliged to obtain official permission for every additional cost beyond the agreed upon remuneration for the main contractual obligations of entrepreneurs, said UOKiK. Questioned practice concerned services: “on hold”, “prekrasnenko” and “Subscription”.

the Laws protect consumers from payments that previously have not expressed consent. In relation to the telecommunications market, in particular, it concerns services which do not fall under the fog of a fee, such as subscription fees, and are connected with the necessity of paying additional payments – said Marek, he did not want the Chairman of the office for Protection of Competition and Consumers.

- T-Mobile Poland is not stated to consumers of this protection, because they accepted that the agreement was the signing of General statements regarding the terms and conditions of the contract and provided on the basis of its services, added-FZ.

Appeal UOKiK showed that the network activated the service in the contract or when funding the account. The use of the service was free of charge in the promotion period. The client, who then he never ceased to bear the additional costs, despite the fact that at the conclusion of the contract, the network did not confirm any agreement on additional payment.

the head of the Department admitted that T-Mobile Poland has violated the collective interests of consumers. The operator has ceased to charge from December 17, 2016. This reduced the size of the fine institution by 30%. up to 15 million rubles in the end. The network was obliged to publish decisions on its website. The verdict is not appealable, T-Mobile Poland can apply to the Court for Protection of Competition and Consumers.

T-Mobile responds

“we Intend to appeal the decision of the Bureau in connection with the lack of validity imposed on the company a penalty,” – said in a statement, T-Mobile Poland.

the Operator said that at every stage of the proceedings cooperated with the Office for Protection of Competition and Consumers, after receiving instructions, he immediately entered, so the punishment is unreasonable.

“it is Worth noting that this is the first substantive decision of the question of obtaining clear consent from consumers in accordance with the provisions of article 10 of the Law on the Rights of Consumers”, – said in a statement.

“Until the introduction of the new guidelines, we acted based on the previously obtained decision of the UOKiK President, confirming the laws of the mechanism of provision of services on hold, Wardrobe the game and the Subscription. It is important to resolve the issues significant for the entire market, but it should not come at the expense of one of the actors in it,” said the network.