Infringement of consumer interests

An infringement of the collective interests of consumers occurs when an unlawful or unfair practice by an undertaking may affect an indeterminate number of consumers. 

An example of such an infringement would be:

• a customer service system that, in practice, makes it impossible to lodge a complaint about telephone bills, 
• the omission of the interest rate or total loan amount in a consumer credit agreement or information form.

However, this would not include an incorrect calculation of the cost of a call for a specific customer or an incorrect calculation of interest under a specific consumer credit agreement – these are individual cases.

Practices infringing the collective interests of consumers include, in particular:

• breach of the obligation to provide consumers with fair, accurate, and complete information,
• unfair market practices,
• proposing financial services to consumers where such services do not correspond to the needs of those consumers determined using all the information on the characteristics thereof which was available to the undertaking, or proposing such services in a manner inconsistent with the nature of the services in question.

The President of UOKiK conducts proceedings concerning practices that infringe the collective interests of consumers. Acting in the public interest, it gives priority to business practices affecting a wide range of consumers which seriously infringe or threaten their economic interests and whose nature prevents or hinders the effective application of individual legal protection measures.

The proceedings may be concluded with a cease and desist letter concerning the contested practices and the imposition of a financial penalty or with a voluntary commitment of the undertaking to change its behaviour to remedy the infringements. Decisions of the President of UOKiK may also provide for measures to remedy the ongoing effects of the infringement.

UOKiK identifies these practices in particular by analysing signals from the market, including those from consumers.

The President of UOKiK also issues reasoned opinions in court cases relating to consumer protection.