• President of UOKiK Tomasz Chróstny has obliged Orange Polska company to return consumers’ money outstanding after expiry of the pre-paid account.
• This is the decision terminating the last of the four proceedings on forfeiture of funds which were left on the card after transferring the number to another operator.
• Previously, the President of UOKiK has obligated T-Mobile and Play networks to change their practice and has fined the Polkomtel company.

The Office of Competition and Consumer Protection has been verifying whether major mobile operators return unused funds to consumers when the pre-paid account expires. President of UOKiK Tomasz Chróstny has already issued a decision in this case for the Polkomtel company (Plus network operator) on which he has imposed more than PLN 20 million fine. In addition, he has obliged T-Mobile and P4 (Play network operator) to return the money to the customers. The most recent and last decision concerns Orange Polska.

“Orange Polska is the last network of the major ones which we have examined. It failed to return the unused money to its consumers having pre-paid mobiles. I am satisfied that we have brought order to this practice and consumers may take back the money that was left on their pre-paid cards from operators. The loss of unused funds collected on the pre-paid account due to the lack of a next top-up is the act of obstructing a change of operator which is forbidden by the Telecommunications Law and the European Electronic Communications Code. The operators are obliged to settle accounts honestly with consumers when changing service providers,” says Tomasz Chróstny, President of UOKiK.

In its templates of agreements on pre-paid services, the Orange Polska company was reserving that at the time of commencing the passive period, the value of unused limit of call units would be cancelled automatically. The only solution to ensure that the money collected is not lost was another top-up extending the validity of the account. If a consumer failed to do so for example because they simply forgot and wanted to change operator, they would lose unused funds. This might have discouraged them from choosing a competitive company, even if they were provided with a better offer.

The issue of returning unused funds from an account to a card when choosing a new telecommunications company has already been regulated at the EU level. In December 2018 the European Electronic Communications Code entered into force. It stipulates that when changing an operator, the existing pre-paid service providers are obliged to return the funds remaining on the account at the consumer’s request. They may charge a fee for this operation which is commensurate with the costs actually incurred by them, if this has been specified in the agreement. The EU law must be implemented into Polish law. In some European countries such as Germany, Austria, Hungary, Croatia and Spain, the return of funds has long been the rule.

President of UOKiK Tomasz Chróstny obliged Orange Polska to introduce a procedure for returning the money remaining on pre-paid account. The above must take place within one month from the entry into force of the decision. Until then, the company must inform all pre-paid service customers about the new rules while individuals over 65 years of age will be informed about their new rights by text message.

How to claim money return in Orange Polska?

• Eligible will be the customers who, at the time of submitting the claim, have been using the services of Orange Polska or nju mobile for at least 6 months.
• Consumers must apply for a return of unused funds within 30 days of the change of operator or expiry of the validity of incoming calls.
• They may do it in person in authorised Orange Polska branches, through a dedicated electronic form available on the Internet or by calling the Customer Service Bureau helpline (the last option shall be available exclusively until 1 April 2021).
• According to the European Electronic Communications Code, a company may charge a minor handling fee - however, on the basis of a binding decision, the amount of such a fee may not exceed PLN 20.
• Funds above the nominal top-up amount shall not be returned. Example: a consumer topped up his account with PLN 50. It was a promotional offer so they received PLN 25 extra and had a total of PLN 75 to use on their account. At the time of switching operators, they had PLN 55 left on their account, as they used only PLN 20. They are entitled to a refund of PLN 50 (nominal top-up value) less a handling fee.

• Within 30 days of the claim being submitted, the money will be transferred to the bank account indicated by the consumer.

For more information, read the UOKiK decision.

Consumer support:

Phone: +48 801 440 220 or +48 22 290 89 16 – consumer helpline
Email: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer ombudsmen – in your town or district
Office of Electronic Communications - Consumer Information Centre – 22 330 40 00

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL