• Tomasz Chróstny, the President of UOKiK, has initiated the proceedings against T-Mobile Polska.
• UOKiK has received complaints with regards to paid services activated when direct billing was used - many consumers have complained that paid services were accidentally activated while they were browsing the Internet, e.g., by clicking an advertisement.
• There is a penalty for violating the collective interests of consumers, of up to 10% of the turnover.

UOKiK has received many signals related to additional paid services such as Wizzgames, Gameland (games), Zaplium, Dealsaint (access to discounts) and Vodoline (vod films). The payment for the above-mentioned services is collected on a regular basis or as a one-time fee, and the charges are automatically added to the bills. The services are provided by third parties and are settled by the operator, T-Mobile Polska, with the use of service "Order with T-Mobile" (the so-called direct billing, in the case of which the fees for the use of third-party content are automatically added to the bill).

Many consumers, who have contacted UOKiK, were unaware that they had activated such services. The services were activated while the consumers were browsing the Internet, e.g. as a result of accidentally clicking an advertisement or with the use of a SIM card in the router (confirmation of activation was sent to the router). The subscriber's phone number is automatically recognised and the charges are added based on that information. According to the subscribers, they did not have to take any additional actions to have the services activated, e.g., to confirm their willingness to use the paid services by entering PIN received via SMS. They noticed the extra charges when they received their phone bills. The fact that the services could have been activated accidentally was also confirmed to the subscribers by consultants. According to the operator, the services are activated by selecting the "order and pay" button, however, the consumers have stated otherwise in their complaints. The President of UOKiK is going to investigate the case in the proceedings initiated against T-Mobile Polska.

The doubts of the President of UOKiK are raised due to the lack of verification by the operator whether the paid services were ordered with clear and informed consent of the consumers. - In accordance with good practice, charging additional fees is possible only based on the consumer's prior and explicit will. The proof of such consent may be entering a password, PIN number or sending back an SMS. The operator should use an authentication mechanism to prevent accidental activation of extra services. It is insufficient to rely only on the information provided by the contractors who run the websites via which the alleged activation of services takes place - says Tomasz Chróstny, the President of UOKiK.

Moreover, the allegations of the President of UOKiK concern:

• Failure to confirm to consumers the terms and conditions of concluding the contract for the provision of "Order with T-Mobile" service on a durable medium.
• Provision of incomplete answers to complaints - T-Mobile did not address the concerns of the consumers and did not verify the circumstances of activation of the services. Thus, the operator could have violated the principles of good practice.
• Lack of certain data on the bills that would allow the consumer to learn what the service is and which entity provides it - the extra fees appeared as: other charges - Internet shopping/electronic services, premium services - direct billing. The operator did not always indicate the names of activated services and the details of the entity providing them, hence the consumers might not have been aware of what they were paying for.

The proceedings regarding the infringement of the collective interests of consumers may result in a financial penalty of up to 10% of last year's turnover.

The above-mentioned proceedings is not the only one undertaken by the President of UOKiK related to the unintentional activation of extra services - there are also ongoing proceedings against Orange Polska.

Consumer, please remember:

Are you getting notifications about services? The operator is obliged to inform you that the services are chargeable. The text messages or notifications must clearly state that this is a purchase order and that payment is required, also the price of the service must be advised. The confirmation of ordering paid services must be sent via a durable medium (e.g. an e-mail). The activation of the services must always be done with your informed consent.

If you notice that your operator has added an extra charge to your bill for any services (e.g. the bill shows a charge for "electronic services"), please contact the operator and find out what type of services the charge is related to. You should get clear information about the type of services and who provides the services.

Amendments to the law

In view of the irregularities identified in connection with the use of direct billing, it is planned to regulate the rules for the provision of such services when implementing the provisions of the Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (EECC). The President of the Office, in the course of works conducted by the Ministry of Administration and Digitization, submitted pro-consumer comments to the draft of Electronic Communications Law to regulate, for the first time, that type of services (defined in the draft as optional debit services). The purpose of the submitted comments was to develop solutions that would prevent the activation of services without the prior express consent of the customer. The President of the Office also pointed out the need to strengthen the provisions of direct billing services and that such services should require the prior consent of the subscriber.

Consumer assistance:

Telephone number: 801 440 220 or 22 290 89 16 – consumer helpline
E-mail: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
Consumer right advisers – in your town or district

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