• The company Smak i Zdrowie (formerly Philipiak Polska) used to call consumers, although they did not agree to it.
• Therefore, the Office imposed a fine.
• Enterprises must have customers’ consent before they call them.

The Office of Competition and Consumer Protection received letters from people who complained about unwanted calls with invitations to Philipiak cookware trade shows. Complaints gave rise to the initiation of a proceeding. The actions taken by UOKIK ended with its latest decision regarding the company Smak i Zdrowie from Warsaw, previously operating under the name Philipiak Polska. The Office determined that it had ordered another company to call consumers on its behalf and invite them to cookware trade shows. However, it did not have their consent.

The President of UOKiK decided that Smak i Zdrowie (formerly Philipiak Polska) violated consumers’ collective interests and imposed a fine of over PLN 35,000 (PLN 35,388). The decision is not final.

We would like to remind you that pursuant to Article 172 of the Act on Telecommunications Law every enterprise that calls consumers for direct marketing purposes or entrusts other company with this task should have their explicit consent to do so. It cannot be required at the beginning of the conversation. According to the law, enterprises must first obtain the customer’s consent for such a contact. Consumers should know to whom, for what purpose and to what extent they grant it.

This is yet another decision of the President of UOKiK regarding violation of Article 172 of the Act on Telecommunications Law. At the end of 2018, the President of UOKiK found that the company ACS Medica from Śrem called consumers without their consent.

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL