Finding that UPC illegally informed customers of an increase to their monthly internet bill, the Consumer Protection Authority has ruled the company must now reimburse them. This is the latest case to see UOKiK use its public compensation tool. For the infringement of collective consumer interests, it also imposed a fine of more than 800,000 PLN (ca. 187,760 EUR).

Reacting to media reports and consumer complaints, Poland’s Office of Competition and Consumer Protection (UOKiK) opened proceedings against internet and telecom operator UPC in January 2015. How the company went about increasing its prices for internet access by 7 PLN (ca. 1,65 EUR) per month raised the Authority’s concerns. The new monthly payment had gone into force December 1, 2014.

UOKiK pointed out that agreements concluded with service providers for an indeterminate period may be changed only when they include the required modification clauses. Such provisions detail what may be changed in the agreement, and under what circumstances, which would consequently affect the price of the service.

In this case, UOKiK determined that UPC illegally informed consumers of the changes to the monthly charges. The agreement the company had used did not contain the appropriate modification clauses. According to UOKiK President Marek Niechciał, „UPC should not have unilaterally changed the agreements. The company violated good practices, because the price hike was its exclusive will. Consumers could either pay the higher price or cancel the contract, but they weren’t allowed to use the offer they had been on.”

To help eliminate the adverse effects of the practice, the Office employed its public compensation tool. UOKiK’s decision calls for the company to reimburse customers for each month they paid the increased charge until June 2016. UPC is also to inform consumers of this fact, and publish the decision in a national daily and on its website. The decision is not final and may be appealed in Poland’s Court of Competition and Consumer Protection.

Additional information for the media

Press Office, UOKiK
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Phone.: +48 22 827 28 92, +48 22 55 60 314, +48 22 55 60 430
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