UOKiK concluded a settlement with Canal+ Cyfrowy. That was due to a major improvement in quality of client service of this paid television. At the same time, the company undertook to pay 200 000 zloty to a charity organisation

Due to numerous complaints by consumers, charging Canal+ Cyfrowy with no reaction to their letters, misleading actions, making it difficult to terminate contracts, unilateral changes in the channel packages, use of excessive and unjustified contractual penalties, repeated collection of the same amounts from bank accounts of subscribers, who use collection orders or transfer of cases to collection agencies without completing claim proceedings, in August 2002 UOKiK sued the enterprise for actions that were unlawful and contrary to good practice.

In a result, by the end of 2002 the company implemented a number of major changes in servicing subscribers of the merging digital platforms CYFRA+ and Wizja TV, i.e. it set up a call centre, started to use transparent complaint procedures. In a result, the number of complaints received by UOKiK and consumer organisations all over the country, reduced significantly.

In December 2002 the President of UOKiK agreed to submit a motion to court to suspend proceedings against Canal+ Cyfrowy and instructed to have the company monitored in the sphere of its customer relations. An analysis showed that the enterprise decreased dramatically the number of instances where consumers’ interests are infringed upon, that it was settling the received complaints claims in a correct manner and that the complaints directed to the Office are individual, resulting most often from lack of understanding of contractual terms.

In view of its willingness to co-operate with the Office and the attitude of the company, which implemented specific actions to eliminate the practices questioned by UOKiK and to enhance the standard of client service, the President of the Office decided to enter into a settlement with Canal+ Cyfrowy on 24^th August 2004.

Under the terms of the settlement, the enterprise undertook to provide clients with reliable information on its programme offer, contractual terms and possibilities to terminate contracts. Pursuant to a request of UOKiK, Canal+ Cyfrowy will also answer subscribers’ letters and complaints within maximum 30 days from receipt.

Signing the settlement, the company declared to enhance the service provided by the call centre as well as to stop the collection agencies authorised by Canal+ Cyfrowy to collect their claims from subscribers, before the complaint procedure has been completed. The enterprise also undertook to grant the customers subscription rebates if there are disturbances in receipt of the programmes due to company’s fault.

The settlement does not mean that the Office gives up further monitoring of the activity of Canal+ Cyfrowy. On the contrary, in case the enterprise does not fulfil its obligations, the Office reserves the right to sue the company.

Under the settlement and pursuant to the Act on combating unfair competition, that provides a possibility to demand that the enterprise pay specific amounts to a social purpose related to support of Polish culture or protection of national heritage, Canal + Cyfrowy will pay 200 000 zloty: 100 000 zloty to the Museum Palace in Wilanów and 100 000 zloty to the Social Committee of Care of Stare Powązki Cementary.

Additional information:
Elżbieta Anders, Spokesperson of UOKiK
International Relations and Communication Department
Office of Competition and Consumer Protection
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Ph.: (+48 22) 827 28 92, 55 60 106, 55 60 314
E-mail: eanders@uokik.gov.pl