UOKiK proceedings will determine whether telecom providers broke the law by preventing customers from using unused funds purchased on phone cards.

Poland’s Office of Competition and Consumer Protection (UOKiK) has initiated proceedings against Orange Polska, P4, Polkomtel and T-Mobile Polska, the four largest telecommunications service providers in Poland.

UOKiK will challenge the companies’ practice of not returing unused funds to consumers when their prepaid cards have expired. By way of example, consumers who buy 25 PLN of phone credit are given a certain number of days to use the credit. If they then fail to purchase a top-up, the unused funds are forfeited the day after the card’s validity period has expired. This may discourage consumers from exercising their right to change service providers. That risk is compounded by the fact that the pre-paid card market changes rapidly, with the operators constantly introducing promotions aimed at consumers not tied to a monthly plan.

UOKiK President Marek Niechciał said of the practice, „money from unused credit is not being returned to customers’ wallets. This practice may make it difficult for consumers to change their telecom services provider. Customers may forego a better offer if they are concerned about forfeiting the unused funds.”

With operators in countries including Germany, Austria, Hungary, Croatia and Spain returning unused funds, the failure to do so by companies in Poland stands out all the more.

Proceedings may conclude with a decision forbidding the use of a practice determined to infringe consumer rights and a fine of up to 10 percent of a company’s revenue in the year preceding the infringement. UOKiK may also impose a course of action for the company to follow to undo the lasting effects of the illegal practice.

Additional information for the media

Press Office, UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Phone.: +48 22 827 28 92, +48 22 55 60 314, +48 22 55 60 430
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]

Twitter: @UOKiKgovPL