Less channels in the package for the same price? Your favourite channel replaced due to force majeure? The Office of Competition and Consumer Protection (UOKiK) warns consumers against unfair clauses in contracts with cable TV operators

Cable TV providers violate consumer interests - the complaints received by UOKiK show. The contracts the providers sign with subscribers include clauses which have been questioned by the court and entered in the Register of Abusive Clauses (see: www.uokik.gov.pl). For example, the providers grant themselves the right to change the contract terms and conditions unilaterally, they make it impossible for the subscribers to terminate the contract and they make it difficult to complain about the service provided.

In recent weeks the President of UOKiK issued decisions ordering the following cable TV operators to change their unlawful practices: Przedsiębiorstwo Automatyki i Telekomunikacji [Automation and Telecommunication Company] from Tomaszów Mazowiecki, Przedsiębiorstwo Produkcyjno-Handlowo-Usługowe [Production-Trade-Service Company] SATEL from Kielce and Astral Media from Lodz.

The information gathered during the abovementioned proceedings shows that the providers reserve themselves the right to change the monthly fee without prior notice to the subscribers. Consequently, consumers learn about the price rise only when they have received the bill displaying the new amount payable and are left without any possibility to withdraw from the contract. This practice is illegal as consumers should be notified of the charge change early enough to have a chance to terminate the contract.

Another trap awaiting consumers is the fact that the operators reserve themselves the possibility to change the channels on offer due to force majeure, which they interpret to include also technical reasons. Subscribers are deprived of the right to terminate the contract, which results in them paying for services different from the ones they had agreed to.

Moreover, the contracts restrict consumer rights to make complaints, e.g. due to undue performance of the contract. The contracts determine that consumers must report a failure within 5 days of its occurrence. However, the law provides for much longer limitation periods, e.g. 12 months of the last day of the accounting period in which the service was provided improperly or was supposed to be provided.

The Office reminds consumers to carefully read the documents they sign. It is worth to read all the rules and regulations, as well as all their schedules. In case of contracts - make sure that the provider did not include clauses which may turn out to be unfavourable to you.

The abovementioned decisions of President UOKiK concluded proceedings launched under the “old” Antimonopoly Act, therefore the operators have not been charged with fines. According to the “new” regulations, effective as of 21 April, the President of UOKiK may charge a provider who has violated collective consumer interest, e.g. by using abusive clauses, with a fine of up to 10% of the provider’s last year’s revenue.

Additional information:
Małgorzata Cieloch, Spokesperson for UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. (+ 48 22) 827 28 92, 55 60 106, 55 60 314
faks (+ 48 22) 826 11 86
E-mail: mcieloch@uokik.gov.pl

Łódź Branch Office
ul. Piotrkowska 120, 90-006 Łódź
Ph.: (+48 42) 636 36 89, (+48 42) 637 51 51
faks (+48 42) 636 07 12 
E-mail: lodz@uokik.gov.pl