• Invitations under a false pretence, misleading on rewards, obstruction in rescission of an agreement - such unfair practices might have been applied by Med Professional.
• In December 2022, President of UOKiK Tomasz Chróstny instigated the proceedings against this company, its manager is also at risk of a fine.
• On 1 January 2023, the laws restricting unfair practices at commercial shows entered into force.

The Med Professional company from Wysogotowo (currently under liquidation) organised commercial shows in hotels, restaurants and community centres. During these shows, it was selling massage mats, air purifiers, vacuum cleaners.

- I have pressed charges to Med Professional consisting in misleading consumers on the purpose of the meeting, receiving rewards, their right to rescind of the agreement and the charge of failure to return the amount paid in when the agreement had been successfully rescinded of. Such unethical actions were to encourage consumers, among whom you could frequently find the elderly, to buy the offered products at prices much higher than at arms length basis - says Tomasz Chróstny, President of UOKiK.

Charges for Med Professional

1. Fallacious information on the purpose of the meeting. Consumers were invited to social campaigns aimed at saving workplaces or providing support for the Polish economy or promotion of a new chain of stores. On top of that, telemarketers promised valuable gifts just for coming. However, on site one could realise that the company was selling products from its regular offer. A consumer’s complaint: “Conning people to buy in instalments of the equipment of low value and poor quality for which the abovementioned company expected to get PLN 10,000. (...) How surprised I was when instead of a promised laptop computer whose colour I even chose during our phone call I was given some poor-quality female perfume and an lcd tablet on which I could draw with a pencil of PLN 10”.
2. Misleading on betting rewards. The complaints filed by consumers proved that the company was making an impression that they had rewards drawn by lot. Meanwhile, the condition for receiving rewards was to buy some other products, which was communicated to some consumers as late as when they had signed the agreement. A consumer’s complaint: “The euphoria caused by winning a reward by drawing a lot, such as especially a message mat, has resulted in no vigilance and my consent to pay in PLN 50, only after my coming back home did I read from one copy of the agreement they had given to me that I would pay approximately PLN 10,000 for this in instalments despite that I have not received any credit agreement.”
3. Suggesting that consumers may not rescind of the agreement. In accordance withe the relevant laws, for agreements concluded at a show the consumer may think it over and alternatively opt it out within 14 days. The fact of receiving “gifts” is of no importance. Meanwhile, as proven in the complaints, the company representatives claimed that in this situation the only solution was to sign a price-reducing annex and return some of the products.
4. Failure to return the amount paid in when a consumer has validly rescinded of the agreement despite the obligation arising from Article 32 of the Act on Consumer Rights.

If the charges are confirmed, the company may be fined up to 10% of revenue per each and every practice applied. The financial consequences may be additionally imposed on the manager - the CEO of Med Professional and now its liquidator. He is at risk of a fine of maximum PLN 2 million for accepting wilfully a breach to collective consumer interests.

Amendments to laws effective on 1 January 2023

By dint of the initiative of the President of UOKIK, since the beginning of the new year more restrictive regulations on shows and excursions during which sales are held have entered into force.

- The amended regulations are to put an end to a number of unfair practices which were performed during shows. Companies may no longer accept payments before the expiry of the rescission period. Thanks to this, senior citizens will not need to fight for having the paid-in money returned in a situation when they think over their purchase and opt out of it by rescinding of the agreement within the statutory deadline - says Tomasz Chróstny, President of UOKiK.

Some other important changes related to shows and excursions:

• Prohibition on entering into contracts for financial services, such as a consumer loan, with consumers during a show or an excursion. A contract concluded in such a situation will be invalid by virtue of law and will have no effect for the consumer.
• The possibility of rescinding of certain off-premises or distance agreements for health services. This includes so-called agreements involving medical subscriptions.
• Extending to 30 days the period for rescission of an agreement in the event of an agreement concluded during an unsolicited visit to the consumer’s home or an excursion organised by the entrepreneur.

Consumer Support:

Phone: 801 440 220 or 222 66 76 76 – consumer helpline
E-mail: porady@dlakonsumentow.pl
Consumer Ombudsmen – in your town or district
Trade Inspection Authority – in your province

Additional information for the media:

UOKiK Press Office
pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone: 22 55 60 246
Email: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL
You can also follow us on Instagram: @uokikgovpl