• The President of UOKiK has initiated proceedings against P4, owner of the Play network, for using prohibited contractual terms.
• He will also check whether the mobile network operator has violated the collective interests of consumers by introducing number maintenance fees in prepaid offers into its contracts with customers.
• The company is at risk of a fine of up to 10% of its turnover.

P4 has begun charging customers using the “Play na Kartę OdNowa” and “Play na Kartę 3.0” offers a number maintenance fee. It was introduced into the contract unilaterally, despite the absence of a statutory basis or clause authorising the company to make such changes and may constitute a violation of the collective interests of consumers.

The disputed fee is up to PLN 5 and is charged to consumers who fail to perform activities defined by the company in the monthly billing cycle. In practice, this means that they can be charged with it every month even if they use purchased packages or services or receive calls. In the opinion of the President of the Office, these provisions may be contrary to best practice and grossly infringe the interests of consumers.

Fee for not using in an “active” way

The essence of prepaid offers is the freedom to dispose of funds as needed. A decision to add funds to the account or purchase additional services must not be based on pressure from their provider.

This is the case for Play customers who complained, among other things, that “the current design of the number maintenance fee in the context of the OdNowa tariff is (…) forcing you to buy and use and collect (…) Play services that are not necessary, and in fact are unnecessary!”.

– The pressure from the risk of being charged for number maintenance over successive billing cycles may cause consumers to use more than their actual needs. In other words, consumers, in an effort to prevent the withdrawal of funds in the account, may engage in activities that they would not have engaged in had it not been for the contractual provisions applied – says the President of UOKiK, Tomasz Chróstny.

Number maintenance is an additional service?

UOKiK’s doubts are raised by the fact that P4 gave “number maintenance” the value of a separate service despite the fact that assigning and maintaining a number is a necessary component of a telecommunications service and an obligation of the operator.

– Play explains to its customers that the fee for “number maintenance” includes assigning a phone number, ensuring its operation on the network, remaining ready to provide services, providing customer service and the ability to receive calls, SMS and MMS and use other services without a separate fee. In doing so, it ignores the fact that some of those listed above are the obligations of the operator arising from the fact that it has entered into a contract for the provision of telecommunications services. It’s more or less like a cab driver adding the cost of refuelling, insurance or vehicle maintenance to the fare bill – the President of the Office notices.

P4 also has prepaid offers with no number maintenance fees, and customer service is still provided.

Not only Play

Proceedings against the Play network operator are not the only actions by UOKiK concerning additional fees for consumers using prepaid telecommunications services. The President of UOKiK brought charges also against Orange Polska. If the charges pressed are confirmed, the companies may face a fine of up to 10% of turnover.

A similar case against Polkomtel is also under investigation.