• Are you a current or former customer of UPC and the operator collected payments for the activated service "UPC Security Package" despite the lack of your consent? If yes, then you can count on receiving compensation.
• President of UOKiK Tomasz Chróstny obliged UPC Polska to cease the practice harmful to consumers and to grant them compensation – the decision is final.
• A trader who offers additional paid services as part of a contract must obtain the consumer's express consent to activate them.

UPC Polska is a company that provides telecommunication services to consumers, such as Internet access, cable television or fixed telephony services, as well as related additional services. UOKiK would receive feedback from consumers informing of irregularities in the procedure for concluding or amending the terms of remote contracts for the provision of telecommunications services. Consequently, the President of the Office opened proceedings and brought charges against the company.

It was established that the operator was enabling the "UPC Security Package" service (additional anti-virus software) without receiving the consumers' prior consent. As a rule, consumers were informed that the service would be enabled and that it would cost PLN 9 per month after the trial period. However, the information itself is not sufficient – it is necessary to ask the consumer for their consent, and the operator failed to do so. Some consumers were not informed at all about the activation of the "UPC Safety Package" and the associated fees.

- The Company did not ask consumers' permission to activate an extra-paid anti-virus software. During sales calls, consultants only informed about the activation of the package on a trial basis, mentioning its free trial period and advised that if the customer did not disable it within the specified time, they would be required to pay an additional fee. However, consumers were not asked about their consent to activate the UPC Security Package service not only during telephone sales, but also when concluding the contract on-line or in the company's showrooms – Tomasz Chróstny, the President of UOKiK, explains.

UPC Polska would enable the package to consumers without their explicit consent, and if they did not unsubscribe from it on time - they had to pay PLN 9 a month. The exception to this rule were consumers who concluded the agreement on-line - they were not charged with the aforementioned fees.

Some consumers might not have been aware of the additional charges. Some people learned that they had the package enabled once they had to pay the first fees for it. Most consumers disabled the service during the free trial period or in the first few months of service; however, not all of them chose to file a complaint, which in most cases was accommodated by the company.

Effects of actions of the President of UOKiK

- I have obliged UPC Polska to cease the practice harmful to customers and to remove its effects by granting consumers compensation which they shall receive automatically. This means that the company will reimburse money to its customers in the form of a discount on the next invoice. Former subscribers, in turn, will be asked by the entrepreneur to provide the current bank account number in order to receive a refund,  Tomasz Chróstny, the President of UOKiK, says.

Details of the commitment:

• UPC Polska shall modify the procedure for concluding a contract including an anti-virus software. When offering the "UPC Safety Package," the company shall ask the consumer explicitly whether they agree to pay a fee for the "Safety Package" ancillary service. The above changes shall apply to each mode of contract conclusion (via the telephone, on-line and/or in a showroom). The operator is obliged to incorporate these measures within 2 months from the entry into force of the decision.
• Consumers who have opted out of the "UPC Security Package" in the period between the receipt of their first or second or third invoice and the issuance of the subsequent invoice by UPC Polska containing a charge for the use of the "Security Package" service shall be eligible for a refund of such fees (provided they had not previously received such a refund). The company shall reimburse them an amount ranging from PLN 9 to PLN 27 (depending on when the consumer opted out).
• The company shall accept complaints concerning the payment of fees for the "UPC Security Package", which were submitted by consumers within 12 months from the date on which they concluded the contract for the provision of telecommunication services and which were submitted or will be submitted to the company in the period from 29 December 2020 to 30 days after the introduction of the new procedures by UPC Polska. These claims shall be honoured up to a maximum of the first 6 payments for the anti-virus service. In addition, the company shall review rejected complaints of consumers charged for the "UPC Safety Package" that were received by the company since mid-May 2016. This would include complaint requests that were filed by consumers within 2 years of the conclusion of the contract, which were rejected or partially accepted.

Detailed information on the benefits available to UPC subscribers can be found in the decision. The decision is effective as of January 29, 2021 and is enforceable.

In February 2021 the President of UOKiK initiated proceedings regarding practices violating the collective interests of consumers against the telecommunications company Netia S.A, contesting a practice similar to that of UPC Polska. The maximum penalty may amount to 10% of the entrepreneur's turnover; however, in such a situation the President of UOKiK may also issue a commitment decision.

About the commitment decision

By acting in the public interest, the UOKiK conducts proceedings and issues decisions ordering changes to be made to questioned actions. Many of them end up with financial sanctions. In the case of practices that infringe collective consumer interests, the President of UOKiK may issue a so-called commitment decision. This means adopting a commitment agreed upon with the entrepreneur, the enforcement of which removes the prohibited practices or their effects. This is beneficial for businesses as it relieves them of the financial sanction. The commitment is always proportionate to the alleged violation. This is a quicker and cheaper solution from the perspective of both the public interest and the entity breaching the law.

Consumer advice

REMEMBER! When you conclude a contract over the phone - the consultant is obliged to give you the necessary information about the service, e.g. how to install it, the trial period, how and when to opt out, and the price applicable after the trial period expires. If they fail to do so - ask them.

If the company wants to charge additional fees - you must give your consent to do so. During the phone call, the consultant should explicitly ask this - you need to be able say either "yes" or "no". Also, you should be able to stipulate in your contract or on-line that you want to pay additional fees (this cannot be enforced upon you). If you concluded or changed the contract over the phone or on-line, you may withdraw from the contract within 14 days.

Consumer support:

Phone: +48 801 440 220 or +48 22 290 89 16 – consumer helpline
Email: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer advocates – 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