• The President of UOKiK, Tomasz Chróstny, initiated proceedings against Asmanta Call Center and the company’s managers.
• The charges concern telephone contacts without the prior consent of consumers for telemarketing.
• Telemarketers might also have misled consumers by significantly overestimating the amounts of subsidies available, as well as by failing to communicate relevant information about the conditions of obtaining them.

Asmanta Call Center deals with telemarketing commissioned by its contractors. Telemarketers call consumers, including but not limited to, with the offer of photovoltaic installations and invite them to trade meetings. The entrepreneur also collects data of potential customers (so-called leads) during these telephone calls.

UOKiK found that Asmanta obtains telephone numbers – which it then calls – from databases purchased from the company it cooperates with. The entrepreneur is not granted direct marketing consent by the owners of telephone numbers. It is against the law to call people who have not given their consent nor is it lawful to ask for such consent at the beginning of the conversation. Consumers who had received numerous unwanted telephone calls filed their complaints to UOKiK. Some even claimed that the calls were harassing and rendered their lives unpleasant. “For months I have been harassed by phone calls from Asmanta, allegedly regarding participation in a competition in which I might possibly win some things. Each and every time I asked them not to call me again, but to no avail, they still do”, the consumer reported in her complaint.

Furthermore, during the calls, telemarketers allegedly provided false information that the consumer could count on a subsidy of PLN 20,500 for the construction of a photovoltaic micro-installation under the government’s programme “My Electricity Priority Programme Part 1) My Electricity Programme for 2021-2023”. In fact, the amount of the said subsidy could amount to a maximum of PLN 5,000. If the consumer wanted to apply for a subsidy in the amount communicated by the telemarketer, they would have to decide on purchasing and assembly of not only a photovoltaic installation, but also additional elements for storing heat and electricity as well as an energy management system.

“Our proceedings will clarify whether the practices exercised by Asmanta Call Center were not aimed at misleading consumers as regards the amount of the subsidy and the conditions for obtaining it. Purchasing decisions should be made in reliance upon full and reliable information. The possible deliberate overstating of possible subsidies by telemarketers represents an unfair market practice, distorts the consumer’s decision-making process, and may lead to a choice that they would not have made if they had access to real information”, says Tomasz Chróstny, President of UOKiK.

The President of the Office also initiated proceedings against two persons managing Asmanta, who could have knowingly and intentionally allowed the company to exercise unfair market practices. These managers had been previously associated with the now-defunct company Euro Callcenter, whose activities were monitored by the President of UOKiK as part of the preliminary investigation. Euro Callcenter also dealt with telemarketing and the Office received numerous complaints. Consumers indicated that telephone calls made by employees of this company were burdensome. It happened that telemarketers called even a dozen or so times in one day. Working for two companies that conduct the same activity and knowing the previous objections of UOKiK, the managers may be personally responsible for the questionable actions of Asmanta.

For infringing collective interests of consumers, a fine of up to 10% of the turnover may be imposed on Asmanta. The President of UOKiK may impose sanctions of up to PLN 2 million on each managing person.

Consumer Support:

Phone: 801 440 220 or 222 66 76 76 – consumer helpline
E-mail: porady@dlakonsumentow.pl
Consumer Ombudsmen – in your town or district

Additional information for the media:

UOKiK Press Office
pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone: 22 55 60 246
Email: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL
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