• Are you late in paying your phone bill? You may have to pay interest, but you should not lose discounts included in the price of the service.
• The President of UOKiK has issued a binding decision against T-Mobile.
• The operator will compensate subscribers whose bills increased due to the loss of a discount following late payment.

T-Mobile offered, among others, a PLN 5 discount for using electronic invoices and making timely payments. The situation regarding e-invoices was clear – if a consumer chose to receive a traditional paper invoice, the bill was higher by that amount. However, the timeliness of payment should not affect the amount of subscription fees on subsequent invoices. The President of UOKiK, Tomasz Chróstny, has issued a decision obliging T-Mobile to compensate consumers for the loss of a discount when they were late in paying their bills.

It gave and it took away

The PLN 5 monthly discount on T-Mobile bills, granted for electronic service and timely payment, was attractive, but it could easily be lost.

Even a slight delay in payment resulted in the loss of the discount, even if the arrears concerned a fee other than the subscription fee listed on the same invoice (e.g. a premium service). For example, if two phone numbers, internet access, and television services were billed on one invoice and the consumer paid late, the next invoice would include the value of the lost PLN 5 discount for each service and each number – in this case, a total of PLN 20.

In the opinion of the President of UOKiK, the discount withdrawal mechanism functioned as unlawful liquidated damages. When a consumer was late with payment, they lost their discount and their next bill increased. In addition, irrespective of the withdrawal of the discount, T-Mobile could charge statutory interest for late payment – effectively penalising the consumer twice.

– Consumers are obliged to pay their bills on time, and the law provides for specific consequences for failure to comply with this obligation. These do not include withdrawing discounts and adding their value to the monthly subscription fee. Such a practice constitutes an unfair sanction imposed by an undertaking. It violates the law and harms consumers’ interests – says Tomasz Chróstny, President of UOKiK.

The provisions of the Civil Code – in particular Article 481(1) and Article 483(1) – clearly state that a consumer may be charged interest for late payment, but no additional penalties may be imposed. Withdrawing discounts and increasing subscription fees is therefore unlawful. Liquidated damages may apply only to non-monetary obligations.

For consumers

T-Mobile discontinued the disputed practice immediately after proceedings were initiated, introduced new contract templates, and ceased verifying the timeliness of payments when determining whether consumers retained their discount in a given billing period. The President of UOKiK has issued a binding decision against the company. Under the decision, the operator will grant compensation to eligible consumers.

Current and former subscribers will be able to choose between a refund of the liquidated damages in the amount specified in the decision or a voucher for T-Mobile devices. The company will also positively consider complaints concerning the loss of discounts due to late payment.

Once the decision becomes final, T-Mobile will announce it on its website, in the “My T-Mobile” application, on social media, and in individual correspondence with consumers. The company will indicate the compensation to which consumers are entitled, as well as the method and deadline for receiving it. If current customers do not request a refund, they will automatically receive the amount due in the form of a discount on subsequent invoices for telecommunications services.

UOKiK looks into discounts in telecommunications

The decision binding on T-Mobile is another action taken by the President of UOKiK, following the decision concerning Play, concerning the way discounts are structured and fees are settled by telecommunications service providers. Proceedings are underway against CANAL+, Orange, Vectra, and Multimedia Polska.