• The company Netia solicited consumers although it did not have their consent to do so.
• Consumers can now claim compensation.
• Read the decision (available only in Polish) issued by the President of UOKiK to find out who may seek it and how to do it.

The Office of Competition and Consumer Protection was contacted by individuals who complained about unwanted calls from Netia, the telecommunications operator. The Office has analysed consumer reports and the content of talks that Netia consultants conducted with them. It turned out that Netia called to offer them a contract, even though it did not have their consent to be contacted for direct marketing purposes. This is against the telecommunications law. Netia has bought ready-made databases with phone numbers, but that does not release it from its liability. Our investigation showed that consumers’ consents to be contacted for direct marketing purposes were not properly obtained. The operator also tried to obtain them during a telephone conversation, which is inconsistent with the provisions of the law, says Marek Niechciał, the President of UOKiK.

Netia avoided a fine because it undertook to change the rules of cooperation with its partners. If the operator uses ready-made databases in the future, it will make its business partners obtain the necessary consents in accordance with the law and will verify them. In addition, Netia will define the terms of properly granted consent so that consumers know who may call them and for what purpose.

Netia will also give compensation to consumers. This applies to all persons whom the company called, even if they did not decide to make use of its services.

1. Customers who concluded a contract with Netia and wish to continue it will have the following options to choose from:

1. 120 PLN overpayment at their subscription account, or
2. termination of the contract without financial consequences, or
3. concluding a new contract with Netia, under which they will pay smaller bills for several months, or
4. access to an antivirus program for a year, or
5. access to a film channel for 6 months.

2. Customers who did not conclude a contract with Netia or terminated it will be able to choose one of the flowing options: conclude a new contract on preferential terms (e.g. lower charge or fee for activating the service and equipment), access to an antivirus program for a year or a film channel for 6 months.

The deadline for choosing one of the compensation form is three months from the day the information is placed on the www.netia.pl website.

Netia will publish the UOKiK’s decisions on its website, press announcements will also be made. The details of the compensation granted to individual customer groups are described in the UOKiK’s decision.

This is yet another decision of the President of UOKiK regarding the violation of Article 172 of the Act on Telecommunications Law. At the end of 2018, the President of UOKiK stated that the company ACS Medica from Śrem was calling consumers without their consent, and in March 2019, he questioned the same practice followed at the company Smak i Zdrowie (formerly Philipiak Polska).

Support for consumers:

Tel. 801 440 220 or 22 290 89 16 - Consumer Helpline
E-mail: porady@dlakonsumentow.pl
Consumer Ombudsmen - in your city or district
22 299 60 90 - organisation dlakonsumenta.pl in your city/town

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