Telecommunications operator Inea has committed to returning to consumers charges it illegally collected. Current clients have a month to apply for the refund, while former subscribers have three months.

In June 2015 Poland’s Office of Competition and Consumer Protection (UOKiK) initiated proceedings against telecommunications provider Inea for infringing collective consumer interests. The district Consumer Ombudsman in the city of Poznan alerted UOKiK about the potential irregularities.

The proceedings showed that Inea twice unilaterally changed agreements at the turn of 2014/2015, raising monthly charges for the internet and television. The increases ranged from just under 1 to more than 7 PLN (ca. 0,25 to 1.90 EUR) and were applied to contracts of both fixed and indefinite length.

For an enterprise to unilaterally change contract terms legally, the agreement must include a modification clause clearly and precisely indicating when a change can be made. In contracts concluded for a definite period, unilateral modification should not apply to essential elements of the contract, including the price. Consumers entering into an agreement for a specified period have the right to finish the contract under the same conditions they signed on for. Because Inea’s contracts did not include the appropriate modification clause, raising prices was illegal. However, during proceedings the company committed to refund the money, leading UOKiK to accept the company’s proposal, resulting in the quick elimination of the harmful  practice.

“The commitment decision was made possible thanks to the cooperation of the company, which during the proceedings voluntarily pledged to change its practice. Consumers will recover the difference between the amount of fees applicable before and after the modification”, said UOKiK President Marek Niechciał.

The Company is now required to inform current customers of UOKiK’s decision by way of individually addressed messages, while former subscribers will be addressed through an announcement on www.inea.pl. UOKiK’s decision will also lay out detailed rules for how current and former subscribers are to be reimbursed.

Inea must also provide information about its execution of the commitments within 8 months of the day the decision becomes binding.

UOKiK can issue a commitment decision when the enterprise in the course of a proceedings suggests a solution to eliminate an illegal practices and its consequences. It also removes the threat of a financial penalty.

Additional information for the media

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