12% of subscribers do not read agreements they sign, half of them do it carelessly and almost all receive unwanted text messages from their operator –  show the results of the recent research of the Office of Competition and Consumer Protection. UOKiK reminds of the laws and risks of electronic transactions

Instead of traditional purchase in a shop or a showroom, we more often choose the Internet or phone. Virtual solutions have many advantages – they are faster and more convenient, but we should be aware that they operate under certain laws as well. Unfortunately, the recent research of UOKiK reveals that as much as 12% of consumers do not read agreements they conclude and over half of them (56%) do it superficially. Moreover, they wrongly believe that no matter if they conclude an agreement by means of distance selling (e.g. by phone) or in operator’s showroom, they have the same rights. That is why, in order to protect weaker market participants, the President of the Office constantly checks whether agreements, regulations and information posted on websites are consistent with the law.

Being informed by subscribers, UOKiK inspected mobile network operators who sell their products and services through telesales and the Internet. Tens of agreements, as well as regulations, conditions for providing services and scripts for telemarketers conducting conversations with clients were analysed. The Office had reservations concerning the conditions applied by all inspected operators – PTK Centertel, PTC, Polkomtel and P4.

The practice questioned by the Office include inter alia:

- the lack of clear information on the date of concluding the agreement. According to respective provisions, the agreement for providing telecommunication services should be in writing. When purchasing a telecommunication service on the Internet or by phone we should know that information posted at the Internet shop's website, as well as offers made during a telephone conversation should be treated as an invitation to conclude an agreement. Signing the agreement is the next stage – an operator provides a consumer with contract conditions. During the inspection, the Office determined that some operators considered the placement of an order for provision of telecommunication services as the moment of concluding the agreement. Fortunately, as a result of the Office’s actions undertakings changed  the misleading regulations, and currently agreements are concluded after signing documents delivered by a courier. It is worth noticing that the sociological research conducted at the request of UOKiK shows that almost half of respondents admit that a teleoperator called them with an offer to extend or conclude a new agreement (47%) and one third (32%) accepted it. 

 - hindering consumers’ access to study the agreement terms and conditions. One of the operators applied a practice consisting in the lack of possibility to read the agreement before signing, which  raised concerns of the Office. The consumer who ordered the service e.g. by telephone was delivered  the agreement by a courier. The proceedings of UOKiK revealed that the consumer did not have the possibility to receive documents to follow them and possibly sign it on a later date. A subscriber could sign the agreement during the courier's visit, or resign from the service. Thus, in the opinion of UOKiK, an undertaking could induce the customer to immediately sign the agreement, even if it was not satisfactory. Moreover, customers without access to the Internet could not familiarize with the conditions of the agreement beforehand. The President of the Office initiated proceeding against PTK Centertel regarding this matter, which will indicate whether the undertaking violated collective consumer interests.

- the problem of misleading the consumers. During the inspection, the Office questioned  inter alia the way of informing on the range of services. Maps posted on websites regarding the range of the mobile network and the Internet could have been misleading. The range map of Play network operator – P4 – showed the range of a telephone service and access to the Internet. A consumer who wanted to check the range for only one service could not obtain clear information on the operator’s website concerning the selection of the option he was interested in. He could have deduced that the service which range he intended to check  would also be available for his residence. The undertaking has already changed the range of map application. It is also worth noticing that network range maps should be treated only as approximate data which should always be supplemented by data received directly from the undertaking. The results of the inspection are confirmed by social research – 8% of respondents declare that the service purchased by distance selling was not consistent with the description provided  by a consultant.

Moreover, undertakings provide consumers with misleading information on the right to withdraw from the agreement or to change its conditions. It should be reminded that we have 10 days to do so from the moment of concluding an agreement of distance selling, or receiving a written confirmation of changing its conditions via means of remote communication. For example, PTK Centertel did not grant the right to withdraw to those consumers who changed agreement conditions by phone (it required acceptance of an annex) and after due consideration wanted to resign. The undertaking in letters sent to consumers informed inter alia that signing the annex is not considered conclusion of the agreement but extension of the previous one, and therefore no right is vested to withdraw from it. In this respect the President of the Office initiated proceedings regarding the violation of collective consumer interests.

UOKiK initiated proceedings against two operators: P4 and PTK Centertel. Apart from that some clauses questioned by the Office were changed  voluntarily.

Inspection of operators is a part of the analysis prepared by UOKiK, regarding the observance of consumer rights on the market of services available on the Internet and by other means of remote communication. In 2007-2010, the President of the Office conducted 13 explanatory proceedings and 22 regarding violation of collective consumer interests by undertakings involved in e-commerce. The Office also filed two lawsuits to the court concerning  recognizing the clauses of agreements applied in this sector as prohibited. Moreover, UOKiK regularly participates in international actions of sweeping websites (e.g. services offering wallpapers, ringtones and games for mobile phones). During last two sweeps, the Office inspected the total of 19 undertakings and initiated 6 proceedings regarding violation of collective consumer interests, three undertakings voluntarily refrained from applying the contested clauses.  Moreover, the Office conducts proceedings concerning the observance of consumers rights in e-commerce and by mobile network operators offering their services by distance selling.

A handbook prepared by the Office informs about the rights of consumers who conclude agreements of distance selling.  We also inform that district and municipal consumer ombudsmen may help settle disputes between consumers and undertakings. As regards telecommunication services, the subscribers should turn to the Office of Electronic Communications, which resolves disputes between consumers and undertakings by means of mediation, as well as at the court of arbitration operating under the President of the Office of Electronic Communications.

Additional information the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warsaw, Poland
Phone: (+48 22) 827 28 92, 55 60 106, 55 60 430
faks (+48 22) 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]