Poland - Misleading: Polkomtel, Internetq Poland

29 gr to Everybody (per a minute call) - this advertising slogan of Plus network operator was questioned by the President of UOKiK. The undertaking was accused of miseading consumers and imposed a fine nearly PLN 1,86 mln. Unfortunately, this is not a single decision of the Office concerning the application of unfair commercial practice

Every consumer should be provided with reliable, truthful and complete information about a product or service, otherwise based on misleading data, they can make different decisions – e.g. choose this service on offer they would not certainly select being fully aware of actual offer terms. Till the end of this year the President of UOKiK intends to issue 5 decisions concerning advertising. Two proceedings regarding Polkomtel and Internetq Poland have already been completed.

The proceedings against Polkomtel instituted in December 2010 after the President of the Office received a notification. The information provided in advertisement Rarka w MixPlusie regarding one-minute telephone connections at 29 gr to Everybody included incomplete information which raised doubts of the Office. The caimpaign was held in September 2009. The Office gained the evidence that the attractive price was available only upon filfillment of certain conditions which was not mentioned in the advertisiment – activating a package with additional payment and using it entirely. Not using it fully or exceeding the limit increased the cost of phone connections. According to the Office, a consumer was not provided with full information on the offer of Polkomtel. If they had known the real conditions of the promotion, he could have decided otherwise – possibly not conclude the agreement. The President of the Office decided that Polkomtel misled its consumers and imposed a fine nearly PLN 1,86 mln. Additionally, the undertaking must publish the full text of the decision on its website for the period of six months and its content in a nationwide daily. The decision is not final, the undertaking can lodge an appeal to the court.

Furthermore, the President of the Office decided that Internetq Poland applied unfair commercial practice as it was sending text messages of Orange Second Edition (Orange Druga Edycja) encouraging to participate in BMW lottery. The proceedings against the undertaking were instituted in June 2011 on notifying the case by the municipal consumer ombudsman in Tychy. Moreover, many consumers reported complaints to UOKiK in this respect. The Office examined the regulation of the contest and the templates of text messages sent to participants. The President of UOKiK was concerned about the text messages which were sent out – they informed consumers on winning a car on condition they send back a message. E.g. Awards unit requests you to send a confirmation. It regards collecting the prize. Please send BMW at number 7400 (PLN 4,88). Congratulations. In fact, sending back a text message guaranteed the participation in car lottery only. It is essential that implying unconditional winning the prize after e.g. sending a text message, making a call, or sending a letter, is contrary to law where in fact different rules apply. The President of the Office decided that Internetq Poland violated collective consumer interests and imposed a fine exceeding PLN 338 thousand. The decision is not final, the undertaking may appeal to the court. It has been the second case that the President of UOKiK contested the practice applied by Internetq Poland. In December 2010 UOKiK decided that the entity was misleading its consumers by sending a Blank sms as a part of its lottery. The messages implied that a consumer would get a prize after sending back an empty message. In fact, it guaranteed only being registered in the contest and potential participation in the lottery.

Consumers can watch the educational film available at the website of the Office of Electronic Communication as well as gain information on how to recognize the real price of a text message. Furthermore, they may turn to consumer ombudsmen. The Act on combating unfair commercial practices may also facilitate the process of seeking redress as it provides for that consumers can bring an action to the court in individual disputes with undertakings. During such proceedings the court verifies whether a given commercial practice of an undertaking is unfair. In this case it is the undertaking who has to prove before the court that the applied commercial practice is not misleading to consumers.

Read the press release.