FZ against automatic renewal of contracts – 30 million rubles fines for Orange Polska (update) – dobreprogramy

updated

we do Not agree with the decision of UOKiK, issued in late December of last year, that our actions in relation to automatic renewal of the agreement violates the interests of customers. So that’s what we saw, and we withdrew to the court. We also believe that the amount is abnormally high – said the press Secretary of the Orange Polska Wojciech Jabczyński in comments sent to the Polish Press service.

– FL-u is the scale lately. After applying the multi-million dollar fines on Polkomtela and Digital Polsat, it’s time for Orange Poland. This operator has been found guilty of any extension of the agreement on provision of services in an inpatient without the consent of the consumer – and it was imposed on him a fine of nearly 30 million. In addition, Orange Poland has to make the so-called compensation public, i.e. to make a return to former subscribers of fees for early termination of long term contract and allow current subscribers of the termination of contracts without consequences.

the mark he didn’t want, FZ-u, questioned the practice of automatic renewal of the agreement for a fixed term without the Express consent from the consumer. If, before the expiry of a fixed-term agreement, the customer has not taken any action, she turned in another contract – for 6 months, in the case of Adsl and 12 months or 24 months in case of other services. Dissatisfied with this state of Affairs to consumers that the contract would terminate before the end of the automatically extended period, charged high fines.

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As shown by the proceedings Office, Orange Poland has taken care to clearly inform customers about what they should do to avoid the extension, consultants operator also used the language nieprecyzyjnym aimed at maintaining subscribers. During the conversation mentioned about the completion of the contract, specifying the proposed date of termination, no word, however, did not say that the contract is terminated will not, and will proceed to the next period.

it Must be emphasized that in the course of the litigation, “orange” has made it possible for consumers the choice of method of extending the contract. Now when signing the contract, you must declare whether you want automatic renewal of the contract with the preservation of the terms “advertising” for another term, which also wants to replace her in the contract for an indefinite period with the possibility of termination at any time, or, finally, the automatic expiration of contract after completion of its period. Consultants must ensure that the choice of method to extend the agreement and a reminder of the automatic przedłużeniach, those who decided not to.

however, because of the long practice of automatic renewals of contracts for uninformed customers (ongoing, at least since November 2010) and its nationwide coverage, FZ decided to put on Orange Poland punishment of nearly 30 million. At the same time ordered the company to return to former subscribers a fee for early decision to extend the contracts, and allow these subscribers termination of the contract without any consequences. Telekom has to inform subscribers via email and on their websites.

the Right to compensation of the public should have all those Orange customers Poland, who were clients of the company on the date of initiation of proceedings (i.e. 8 may 2014) and where narzucono automatic renewal of the contract against their will. Other subscribers who expressed their agreement earlier may assert its claims under the law ” on combating fraudulent practices in the market.