• Malfunctions preventing you from watching the gala live or a delayed pre-release episode of the show? In such situations, it is important for the entrepreneur to respond quickly to the problem and prepare constructive solutions for consumers.
• The company must also inform the consumers about the terms of the offer – for example, it cannot give the impression that the service is free of charge when it is not.
• The President of UOKiK carried out four interventions in the media services market. As a result, entrepreneurs amended the irregularities and consumers received compensation.

The Office of Competition and Consumer Protection has received information regarding irregularities in access to movies, music or entertainment shows offered by FAME MMA, TIDAL, TVN (player.pl) and UPC Polska (UPC ON DEMAND). President UOKiK Tomasz Chróstny checked how entrepreneurs dealt with these irregularities, particularly by verifying whether consumers were adequately compensated. All interventions have had a positive effect on consumers, with some companies having already attempted to rectify the situation on their own.

"UOKiK continuously monitors the market of media services. We understand that mistakes can happen to anyone. However, in these situations, consumers should receive appropriate compensation. We also informed the entrepreneurs of the importance of providing reliable information about the offer, as also in this aspect, we had identified elements that require improvement. It is worth noting that the entrepreneurs removed the irregularities, as a consequence avoiding formal proceedings that could result in the imposition of financial penalties" says Tomasz Chróstny, President of UOKiK.

TVN – pre-release episode delayed

Consumers, who purchased a package providing pre-release access to selected shows, series or other forms of entertainment on player.pl may have been disappointed. Announced to be released on 19 March this year, the fifth episode of "Ślub od pierwszego wejrzenia" ("Wedding at First Sight") did not air until four days later. The company positively considered the complaints, but not always to the extent adequate to the damage incurred. After the intervention of the President of the Office of Competition and Consumer Protection, all consumers who filed a complaint about the irregularities in the availability of the aforementioned episode received a refund (partial if the package was paid for more than a month).

In addition, following the comments of the President of UOKiK, the TVN station will include a description of the ordered package in contract confirmations (to this date, it was only available on the website). It will also introduce some changes to the way the offer is presented in order to make it more transparent to consumers.

UPC Polska – misleading messages about access to movies

At the beginning of the pandemic – 20 March 2020 – consumers received an e-mail from the President of UPC Polska assuring them that "In this difficult time, we want to support you more than ever", containing information about the decoding of 13 TV channels and the preparation of a special collection of movies in the UPC NA ŻĄDANIE (UPC ON DEMAND) library. On the same day, consumers also received a text message reading: "Turn your living room into a movie theatre. Press VOD on the remote. CORPUS CRISTI or THE HATER? Order one of the hot picks. Default PIN: 0000". Consumers had come to the understanding that they could watch these movies free of charge. They found out otherwise when they received their bill for March 2020 or a call from the company employee. "Last week, I got a call from UPC informing me that I have to pay PLN 237 for rented movies," complained one person.

As soon as the company realised that the e-mail and text message of 20 March might have misled the consumers, it undertook action to correct the irregularities and amend their effects. On 27 March, UPC sent out another text message encouraging the viewers to watch movies, in which the information was already clear: " We recommend our new picks in UPC ON DEMAND: Knives Out, Mayday, Mister T. Press VOD/ON DEMAND on your remote. Paid service. Accept the movie price with your PIN (default PIN: 0000)." The company also granted various types of compensation to those who filed complaints. After the intervention of the President of UOKiK, their value was standardised in accordance with the experience of using the UPC's ON DEMAND library. As a result, the vast majority of consumers received compensation in the amount at least equal to the one they were charged for the movies they rented.

TIDAL – unclear offer terms and conditions

The December 2020 offer of TIDAL might also have been confusing. The advertising slogan was: "4 months of music for PLN 4". Tidal.com, where the subscription could be purchased, allowed for multiple uses of this offer under promotional terms. After repeatedly debiting the payment card with PLN 4, consumers received, for example, the following message: "Your subscription was automatically renewed on 18 April 2021". Moreover, the company did not provide them with the regulations of the offer, so they had no opportunity to check its rules. When TIDAL realised that consumers were repeatedly renewing their subscriptions, the company sent e-mails informing them that such an option was only allowed once, the amounts paid for subsequent periods would be refunded within 30 days, they would get one month of subscription for free as a gift, and when they renewed the subscription for subsequent periods, a higher fee, e.g. PLN 59.99 per month, would apply.

After being urged by the President of the UOKiK, the company granted consumers who repeatedly took advantage of the offer and whose subscriptions were cancelled additional free access to music for a month. Additionally, TIDAL will change its marketing communication concerning the rules of using the service and promotional offers (e.g. in terms of a clear indication of the subscription terms and conditions, as well as its price applicable after the promotional period). Furthermore, the company will develop separate rules and regulations for promotional offers and make them available to consumers.

FAME MMA – non-live gala

Consumers who purchased access to the FAME MMA 9 gala as part of the pay-per-view service complained that they were unable to watch part of the event live on 6 March 2021. The reason was technical problems. After receiving complaints from consumers, FAME MMA provided them with free access to the new Hype Powered by Fame MMA event and refunded the fee paid or gave them the option of free access to watch the FAME MMA 10 gala.

The President of the Office of Competition and Consumer Protection addressed the company and drew attention to possible irregularities related to complaints. As a result, the company declared that it would consider all of them, including those that lacked information, which would allow identifying the consumer concerned. Such individuals may contact the company by e-mail: help@famemma.tv.

Consumer assistance:

Tel. 801 440 220 or 22 290 89 16 – consumer helpline
E-mail: porady@dlakonsumentow.pl
Consumer right advisers – 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 60 246
E-mail: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL