• Invitation to a product show under the pretext of free medical examination, non-existent special offers or contests in which one must make a purchase to receive a prize.
• These are common practices used during product demonstrations.
• UOKiK issued two decisions and initiated three proceedings regarding companies that organized product promotions.

Elderly consumers are often exposed to dishonest practices during sales at presentations. Salespeople prey on seniors’ health problems. They invite them to meetings to provide cost-free medical examination, while their true intend is to sell their products. Actions undertaken by UOKiK were directed at four companies selling products at promotions.

ACS Medica

ACS Medica from Śrem would sell their products during demonstrations. Its offer included ACS MED mat and Magnetic Forte Applicator. The company invited consumers to product demonstration informing them that its purpose was to conduct free medical examination or provide rehab treatments. It was misleading as its true purpose was to advertise and sell ACS Medica products. In addition, consumers who bought an applicator also received a brochure informing them about the properties of what is known as structured water. Materials given to consumers were misleading as regards the properties of water that had been used. We have established that the enterprise did not know whether the information provided was supported by any clinical research. What is more, ACS Medica stated that the producer did not confirm such information, says Marek Niechciał, the President of UOKiK.

UOKiK ordered the company to discontinue the above-mentioned practices. The fine for misleading consumers amounted to almost PLN 72 000 (PLN 71 856). In addition, the enterprise must inform all clients to whom it sold its products between 7 March 2017 and 19 December 2018 about the UOKiK decision.

In November 2018, we informed about initiating other proceedings against the same enterprise. We questioned the practice of calling consumers, despite the lack of their prior consent. The company discontinued the practice which provided a basis for lowering the fine, which amounted to almost PLN 6 500 PLN (PLN 6 467).

Other actions

UOKiK also conducts proceedings against two companies, namely Vitaldream from Białe Błota and R.A.M. Polska from Opalenica. They both sell their products during presentations (e.g. Magnetic Field Applicator, further referred to as MFA) and encourage consumers to purchase goods on special offers. The Office suspects that these companies mislead consumers as to the possibility of purchasing this device on special offer. In addition, a wide range of applications of the MFA device presented in the brochure handed out to consumers during the product presentation raised some doubts.

The next proceeding concerns the company Better Day (formerly Clavam) from Poznań that sells various products, including vibrating mats, washing vacuum cleaners, dish sets and rehabilitation mattresses. On behalf of Better Day, telemarketing companies such as CSV Group and Keycraft, both from Poznań, would use the following opening line: ‘I am calling from the RELAX LUX company’, thereby misleading potential consumers as there is no company under this name operating on Polish market. CSV Group and Keycraft invite seniors to lectures on health protection under the pretext of picking up a free gift, i.e. an HD car on-dash video recorder or a juicer. In fact, however, it is a product promotion, during which some products can supposedly be obtained free of charge as part of the ‘main-prize’ drawing. However, in order to get the ‘prize’ consumers need to buy another product for a few thousand złotys, usually a rehabilitation mattress. Such practice is misleading. Complaints also show that consumers do not receive copies of all documents when concluding a loan agreement. What is more, they were told they do not have the right to withdraw from the agreement. Such actions may be considered an unfair market practice.

The above-mentioned proceedings may end with an order to change the practice and fines of up to 10% of enterprises’ total turnover.

Senior citizens beware of the scams!

• If you are going to a product presentation, remember that it usually comes down to selling products.
• If you receive an invitation to a meeting or free of charge medical examination, find out first whether any goods or services will be offered for sale at such meetings.
• Carefully read contracts, do not act under time pressure.
• Watch out for ‘promotions’ and special offers, especially when you are encouraged to make a hasty decision because such an opportunity will not come again.
• Try to consult your decisions with someone else (friends or family members).
• Do not show your ID to anyone.
• Do not take a loan to buy a device at the show, do not agree to visit the bank with the seller.
• Take the time to thoroughly evaluate the offer.
• Remember: you have 14 days to withdraw from off-premises contracts.
• If you have any problems, do not hesitate to contact the consumer’s spokesman.

Consumer service:

Phone: 801 440 220 or 22 290 89 16 – consumer helpline
E-mail: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer’s spokesman – in your town or district