UOKiK initiates proceedings in case against T-Mobile Polska
The telecom services provider’s failure to gain the express consent of consumers to commence the services raised red flags.
The first of T-Mobile Polska’s questioned services plays music callers hear while waiting for their call to go through. The other feature provides access to information and entertainment. Both services are complimentary during an initial promotional period.
UOKiK questioned the company’s failure to gain consumers’ explicit consent for the additional paid services on the grounds that not doing so may be contrary to the provisions of the Act on consumer rights.
The Act states that the enterprise is required to obtain the consumer's express consent for any payment beyond that agreed upon for its main contractual obligation.
Information UOKiK gathered shows the company activates the default services when it concludes a contract for the provision of telecommunications services or when accounts are topped up.
Consumers who do not cancel the services are billed for them, despite not providing consent for the additional payments when they signed the contract. ■