• The President of UOKiK initiated proceedings against Centrum Medyczne Rehabilitacji i Fizjoterapii – formerly known as MedicalM2.
• Invitations to examinations which prove to be commercial shows, exerting pressure to conclude a contract, groundless informing about poor health – these are some of the accusations.
• Consumer ombudsmen provide assistance with withdrawal from the concluded contracts.

“They said that with how many illnesses I have, I should get treatment, and that it would cost PLN 4,800” – this is what one of the consumers who contacted the municipal consumer ombudsman in Warsaw, wishing to terminate her contract, claims to have been told by an employee of Centrum Medyczne Rehabilitacji
i Fizjoterapii. In the past, the company used the name “MedicalM2”. Its registered office is located in Warsaw at ul. Kijowska 11. The company invites to “free examinations of the circulatory system” by telephone, during which it sells medical packages.

The Office of Competition and Consumer Protection initiated proceedings against Centrum Medyczne Rehabilitacji i Fizjoterapii. “The complaints we have received indicate that consumers were scared of the negative results of health examinations presented by employees of Centrum Medyczne i Rehabilitacji and that made them conclude contracts. We have formulated proposals of amendments concerning commercial shows, which are being reviewed by the Social Committee of the Council of Ministers. We want each show to be registered with the Trade Inspection Authority; the organiser should also provide the purpose thereof. Such a register would be public and accessible to everyone. Violation of this obligation would lead to a fine,” says Marek Niechciał, President of the Office of Competition and Consumer Protection.

The accusations of UOKiK against Centrum Medyczne Rehabilitacji i Fizjoterapii concern:

1. Concealment in invitations to examinations of the fact that they are followed by sale of medical packages.

In their complaints, consumers said, among other things: “When I went there after the invitation by phone, I had no idea I was going to a company to conclude a contract. On the other hand, it was mentioned that there would be a free examination to determine the condition of my circulatory system and heart.”

2. Groundless suggestion that the health of consumers is poor.

Examinations are conducted by marketing employees rather than doctors. Moreover, they use a device which provides no grounds for diagnosis. According to one person: “During the meeting, a company representative conducted an examination consisting in fastening
a sensor onto one finger, which then transmitted results to a computer. Based on this examination, he concluded I suffered from brain hypoxia – lung and heart failure – heart problems.”

3. Exerting pressure, urging, distracting so the consumer would conclude a contract as quickly as possible.

Example of a complaint: They kept talking to me so I wouldn’t be able to have a look at the contract… During the entire conversation, I didn’t have the opportunity to familiarise myself with the contract or the offer… A driver took me to the bank in a shopping centre. On the way, he kept asking me if I didn’t have this much cash at home instead of having to take out a loan…”

4. Lack of ability to withdraw form a contract

In its contracts, CMRiF includes information that the consumer cannot withdraw from the contract because it concerns medical services and was performed with their consent. However, analysis of the Office indicates that the contracts concluded by CMRiF do not concern provision of medical services, but rather consist in organisation of such services. The undertaking provides access to the services. Thus, the exclusion under the Act on consumer rights does not apply to them. Therefore, consumers have the right to withdraw from such a contract within 14 days.

Furthermore, CMRiF claims fact that consumers cannot cancel the package because the service has already been provided. In accordance with the law, the above applies to situations where an undertaking has fully provided the service with the explicit consent of the consumer before the end of the 14-day period for withdrawal. Meanwhile, CMRiF concludes contracts for as long as 48 months, rendering full provision of the service within two weeks impossible.

Consumer advice

We would like to remind consumers that if they have concluded such a contract, they should contact the consumer ombudsman in their town or county. It is advisable to bring all documents so the ombudsman can analyse them. Addresses and numbers at which consumers can contact ombudsmen are available online or at the following phone numbers: 801 440 220, +48 22 290 89 16.

Proceedings conducted by UOKiK

The Office is currently investigating the matter of refusal to accept withdrawal from contracts for medical services. Proceedings are also under way in the case of Centrum Medyczne św. Franciszka (alternative name: Mazowieckie Centrum Medyczne) and against NMedical (alternative name: NovuMedical).

Consumer support:

Phone: +48 801 440 220 or +48 22 290 89 16 – consumer helpline
Email: porady@dlakonsumentow.pl
Branches of the Consumer Federation
Consumer ombudsmen – in your town or county

Contact for the media:

UOKiK Press Office
pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone: +48 695 902 088
Email: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL