Poland - Proceedings by UOKIK: nc+

ITI Neovision unilaterally changed the price and transformed n television programme offer into nc+ to these subscribers who had entered into agreements for a specified time – is it a violation of collective consumer interests? The proceedings by UOKiK will clarify the case.

UOKiK has received numerous consumer complaints concerning the change of price and programme offer made at the discretion of ITI Neovision for n subscribers. As a result, nc+ offer was introduced. Following the complaints, if a consumer does not resign from the present contract by 19th April, it will be automatically replaced by nc+ offer, binding 18 months.

The analysis of complaints provided the basis for instituting proceedings against ITI Neovision on 2ndApril 2013.

The President of UOKiK was concerned about the unilateral change of contracts for a specified time (including service charge and programme offer) made by the company as well as insufficiently long period of notice and informing consumers of the new offer by regular letter.

According to the Office, a consumer entering into agreements for a specified time enjoys the right to perform the contract based on conditions unchanged till the contract expiry. Unilateral change of contract terms may be against social norms as it is dependent solely on the undertaking’s will. Under such circumstances, a consumer may accept or reject it – it is not possible to render services based on the previously binding terms. Added to that, by using n offer, a consumer was forced to bear the cost of purchase and installation of a decoder and a satellite dish. Failing to get the money refund for the equipment in the event of contract termination may effectively discourage consumers from contract withdrawal.

Furthermore, UOKIK’s concerns regard conveying the essential information by way of regular letter and providing insufficiently long period of notice. UOKiK took the stance that this way of addressing consumers does not guarantee the subscribers will efficiently familiarize with new contract terms and make the informed decision as regards using the services. It is worth noting that whenever a consumer failed to respond, a new offer was entered into force automatically.

The proceedings against ITI Neovision may be concluded with a fine of up to 10 % of revenue obtained in the previous year.

Consumer assistance

Free of charge assistance is available at poviat and municipal consumer ombudsmen, the Polish Consumer Federation at: 800 007 707, its local branch offices, as well as the Association of Polish Consumers at: porady@dlakonsumentow.pl.