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Vectra - compensation for consumers for additional service

< previous | next > 13.12.2023

Vectra - compensation for consumers for additional service
  • Additional services enabled without your explicit consent? This is illegal.
  • Vectra automatically activated and charged fees for the “Safe Internet” service. Following the decision of President of UOKIK, the company will compensate consumers for the incorrectly enabled service.
  • The complaints submitted previously in this case will be recognised.

Vectra provides, among other things, cable TV and Internet access services. Before 11 May 2020, some of the promotional offers on the basis of which Vectra entered into agreements with subscribers provided for the automatic activation of antivirus software under the name "Safe Internet”. In that case, its activation was a requirement to obtain favorable terms for telecommunications services and could not be waived at the time of contracting. Depending on the offer, only for the first two or four months the service was free. Then, if the consumer did not take action to cancel the "Safe Internet" add-on service, it increased the subscription amount by PLN 6.90 per month.

- The inclusion of additional paid services must always be with the express, informed consent of the consumer. It's about providing real choice and the ability to refuse. The consumer should decide whether he or she needs the service and whether he or she wants to incur the associated costs beyond the agreed fee for the basic service such as Internet access or television - says President of UOKiK, Tomasz Chróstny.

According to the Act on Consumer Rights, the activation of additional paid services must take place with the express consent of the subscriber. This should happen at the latest when they express their intention to conclude an agreement and not at the very end of the process.

President of UOKiK has issued a binding decision in the Vectra case. The company will favorably consider previously rejected complaints regarding the activation of the "Safe Internet" service and refund the funds charged for it (up to 24 payments, or up to PLN 165.60). In addition, the increased fees for up to the first five invoices (up to PLN 34.50) will be refunded to all subscribers who concluded an agreement for Internet access services based on the terms of a promotional offer providing for automatic activation of the additional service "Safe Internet" and cancelled it before receiving the fifth invoice.

The commitment applies to both current and former Vectra customers. Vectra will inform consumers affected by the compensation of the decision of President of UOKIK in one-to-one correspondence, on the Company's website and on its Facebook profile.  Details of Vectra's commitment is contained in the body of the decision.

On 11 May 2020, Vectra withdrew offers whose terms stipulated that the activation of the paid additional service "Safe Internet" was necessary to conclude an agreement on promotional terms. As of this date, new promotional offers no longer include such a condition, making Vectra ask consumers in each case a separate question about consent to activate the "Safe Internet" service. This is now an add-on option, without affecting the terms of the main benefit. The consumer may not agree to its activation.

The decision is not final. Vectra will start to fulfil its commitment on dated specified in the decision as soon as it becomes final.

The obligation to obtain an explicit consent to any and all additional payments before the agreement is concluded arises from Article 10 of the Act on Consumer Rights. President of UOKiK has repeatedly indicated the foregoing in his activities toward the tele-communications sector. In recent years, President of UOKiK has issued commitment decisions against the companies Cyfrowy Polsat, UPC, Netia, P4 (Play network operator) and Orange Polska.

 

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