• Infringement of collective consumer interests and the use of prohibited contractual provisions – these are the allegations against Polkomtel.
• The President of UOKiK questions practices involving the unauthorised charging of fees for maintaining a number in the network, increasing prices without a legal basis, and providing incomplete information about the terms of service on starter packs.
• The entrepreneur faces a fine of up to 10% of its turnover.

Prepaid mobile phone offers are designed to provide freedom of use and flexibility in choosing top-up amounts. This is a so-called prepaid system – consumers purchase a specific top-up value and use the funds as needed. However, Polkomtel customers are charged additional fees that affect their ability to use the services, as well as higher prices introduced unilaterally during ongoing contracts. The President of UOKiK has charged the company with infringing the collective interests of consumers and using prohibited contractual provisions.

Number maintenance fee

Polkomtel initially charged a fee of PLN 3 for account inactivity in its prepaid mobile phone offers, later replacing it with a PLN 5 network number maintenance fee. To avoid this charge, consumers had to perform actions defined by the company, such as making a certain number of voice calls, sending a specific number of SMS/MMS messages, or using a set amount of data so that their total activity reached PLN 5.

For example, if a consumer topped up their account with PLN 60 and, after 30 days, only received incoming calls or used a previously purchased service or package (e.g. minutes) but made no other transactions listed in the tariff, Polkomtel would deduct PLN 5 from their account after 30 days. Over the course of a year, this fee for maintaining a number in the network could therefore amount to as much as PLN 55.

– The frequency of using telephony services in prepaid offers cannot be determined by pressure from the entrepreneur. The prepaid system is meant to ensure flexibility for consumers in terms of timing, top-up amounts, and the use of funds. Polkomtel customers, in order to prevent funds from being debited from their accounts, may take actions they would not have taken had these contractual provisions not been applied – says Tomasz Chróstny, the President of UOKiK.

The clauses concerning the number maintenance fee raise serious concerns for UOKiK. Consumers are effectively forced to pay to keep their number active in the network, even though maintaining the number is the entrepreneur’s contractual obligation. This charge resembles liquidated damages for what the company considers insufficient use of services.

According to UOKiK’s analysis, customers who concluded prepaid contracts with Polkomtel by 6 February 2023 were not provided with the content of the proposed changes, including the introduction of the number maintenance fee. The company also lacked any statutory or contractual basis for unilaterally modifying price lists or regulations. Despite this, it still charged these consumers the fee. Similarly, the company charged customers who, between 7 February 2023 and 8 November 2024, entered into prepaid contracts under the “Plus Elastyczna na Kartę” tariff, even though the price list did not include a relevant contractual basis – there was no indication of a number maintenance fee that would allow consumers to know the conditions they were agreeing to.

Price increases and information about charges inside the starter pack

Furthermore, Polkomtel unilaterally changed the terms of existing contracts, increasing the charges for calls and domestic SMS and MMS messages in most prepaid tariffs. The changes also affected funds previously accumulated in customer accounts. This is another practice that the company may have used in violation of the collective interests of consumers.

The President of UOKiK also questioned the way Polkomtel informs customers about the number maintenance fee on the packaging of starter packs for the “Plus Elastyczna na Kartę”, “Prosto na Kartę”, and “Giga Plus” tariffs. Consumers may be unaware that they are subject to such a fee, as it is not included in the terms and conditions presented on the starter pack packaging, which they see before deciding to purchase it. The company does not provide this information on the outside of the packs. Before purchase, consumers only receive information that a summary of the contract terms and conditions can be found inside the pack. Therefore, to learn about the amount and frequency of the number maintenance fee, they must first buy and open it.

In the opinion of the President of UOKiK, information about the number maintenance fee — which the company may charge monthly in certain situations, including its amount, frequency, and the circumstances entitling the company to charge it — should be regarded as essential to a consumer’s decision to enter into the contract. Failure to provide this information prevents consumers from realistically assessing the value of the offer and comparing it with competitors’ terms.

If the allegations are confirmed, Polkomtel faces a penalty of up to 10% of its turnover for each contested practice and for the use of prohibited contractual provisions.

This is not the only action taken by the President of UOKiK concerning additional charges for consumers using prepaid telecommunications services. The President of UOKiK has also brought charges against P4 and Orange Polska.