• The President of UOKiK has repeatedly questioned improperly implemented changes to contracts and is constantly eliminating such practices.
• He once again brought charges against Vectra for unilaterally changing contracts and illegally increasing subscription fees.
• A fine of up to 10 percent of turnover and an obligation to return illegally collected fees - this is how an ongoing procedure can end.

Vectra has unilaterally changed the terms and conditions of its Internet and TV access services to its customers. It did so based on a modification clause it inserted into the contracts it executed without legal basis. Based on it, it increased its customers’ subscriptions by a few zlotys (from PLN 4 to PLN 7 per month for each service). Meanwhile, in the contract the consumer signed, there was no provision allowing the entrepreneur to increase fees. President of UOKiK has brought charges against the company. 

- We have repeatedly questioned improperly implemented changes to indefinite or fixed-term contracts in the telecommunications sector or the financial industry. After our actions, the market is adjusting to the regulations. Vectra, meanwhile, has once again illegally raised fees. We are not leaving this unaddressed. Such action by an entrepreneur also distorts competition in the market, as it is detrimental to compliant participants - says the President of UOKiK Tomasz Chróstny.

Another objection is the unilateral introduction of a so-called inflation clause into already concluded contracts. The same one that the President of UOKiK recognised in a decision terminating another procedure  as a prohibited provision in the contractual models. Such clauses validly declared abusive are ineffective and are not binding on consumers.

If the procedure confirms allegations of violating the collective interests of consumers, Vectra faces a penalty of up to 10 percent of its turnover and an obligation to remove the ongoing effects of the violation, i.e. to refund unlawfully collected fees.

This is not the first time

Already in 2019 the President of UOKiK has issued against Vectra a binding decision, which concerned unilateral changes to executed contracts - modifications to the scope of services and price increases. The company avoided a financial penalty at the time and consumers received compensation. 

However, monitoring of the entrepreneur’s activities and complaints received by the Office indicated that the company had not stopped violating the collective interests of consumers. Therefore, at the end of 2022 the President of UOKiK imposed on Vectra more than PLN 22 million in fines for unilaterally changing contracts and illegally increasing Internet and TV subscriptions by PLN 5 per month. He ordered that these practices be discontinued and set compensation for its customers. This was confirmed by the Court of Competition and Consumer Protection, but the verdict is not final, as the company has appealed against it. 

The Electronic Communication Act

The Electronic Communication Act, which strengthens consumer protection in the telecommunications market, came into force in November 2024. The new regulations confirm the previous approach of the courts and the President of UOKIK to unilateral changes to contracts made by entrepreneurs. An additional requirement is included for fixed-term contracts, where the contract can be amended only in limited situations. It is about objective circumstances beyond the supplier’s control and which he could not foresee.