• The telecommunications law prohibits contacting consumers by telephone for marketing purposes without their prior consent.
• UOKiK initiated proceedings against ACS Medica from Śrem, Poland.
• Its representatives would call numbers from the national telephone book and invite to commercial demonstrations.

The Office of Competition and Consumer Protection initiated proceedings against ACS Medica from Śrem, Poland. The accusation concerns the manner of inviting consumers to demonstrations, during which the undertaking sold mats and equipment for magnet therapy. Telemarketers would call numbers from the telephone book. The information collected by UOKiK indicates that they might have done so without the subscribers’ prior consent for direct marketing. Such behaviour is against the telecommunications law (Article 172) and may impinge on collective consumer interests.

“The law protects consumers against unwanted direct marketing. Undertakings must obtain prior consent for contact by telephone – not only if they wish to present their offer, but also when they only wish to announce it or examine customer needs. Such consent cannot be obtained at the beginning of a telephone call,” says Marek Niechciał, President of UOKiK.

Consumer consent for receiving commercial information should be explicit and unambiguous. You must know who you are giving it to, for what purpose and what forms of contact it covers (e.g. SMS, telephone). It can be withdrawn at any given moment.

The proceedings of UOKiK may lead to the undertaking being fined up to 10 per cent of its turnover.

Consumer support:

Phone: +48 801 440 220 or +48 22 290 89 16 – consumer helpline
Email: porady@dlakonsumentow.pl
Branches of the Consumer Federation
Consumer ombudsmen – in your town or district

Additional information for the media:

UOKiK Press Office 
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone: +48 695 902 088, +48 22 55 60 314
Email: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL