• Taking over a Facebook or Instagram account requires a quick response. You want to find help on the website, but instead you end up in a maze of forms.
• The President of UOKiK has brought charges against Meta Platforms Ireland Ltd. The company may, contrary to applicable law, be failing to provide consumers with effective channels of contact.
• If the charges are confirmed, the company faces a financial penalty of up to 10% of its annual turnover.

For many of us, Facebook and Instagram are everyday tools for communication, community building, content sharing, sales, and entertainment. By creating an account and using the platform’s services, the user enters into an agreement with its owner. When a problem arises – such as an account takeover, a payment dispute, or loss of access to the service – it is natural to expect to be able to contact the platform quickly and directly. 

In practice, however, consumers experiencing problems with their social media accounts can contact the platform only via electronic forms, which hinders effective communication. An entrepreneur concluding a distance contract with a consumer is legally obliged to inform them, in a clear and comprehensible manner, of effective channels of contact, including an e-mail address and a telephone number, at the latest when the consumer expresses their willingness to be bound by such a contract. This obligation arises from Article 12(1)(3) of the Consumer Rights Act. 

If an entrepreneur earns money from platform users – whether through displayed advertisements or through a paid version without advertisements – they are obliged to provide those users with a genuine possibility of contact. Consumers have the right to quickly clarify a problem, lodge a complaint, report an infringement, or notify an urgent matter related to account security, rather than being passed between links and forms. Information on how to contact the company quickly and effectively should be provided in a simple and legible manner, at the latest at the time the contract is concluded. We have serious doubts as to whether this requirement is being met in the case of Meta – says Tomasz Chróstny, President of UOKiK.

In a maze 

The terms and conditions of Facebook and Instagram – which form part of contracts with consumers – do not provide an e-mail address or telephone number for contacting the business. Instead, users are directed to the Help Centre and contact forms. The problem is that these forms cover only some possible situations or do not allow for genuine dialogue that would ensure effective intervention by the service provider. Consumers often do not receive a copy of their submission by e-mail, which makes it difficult to prove later what the complaint concerned and when it was submitted – an issue that may be crucial when enforcing consumer rights. 

In some cases, no response is received, or the response is insufficient. There may also be restrictions on the number, size, or format of attachments that can be submitted. Even where special forms are available for selected cases, for example those concerning account takeover, this does not resolve the fundamental problem: the lack of clearly indicated, fast, and effective channels of contact with the trader. 

Consumer complaints

The importance of access to effective contact channels is confirmed by complaints submitted by consumers to UOKiK. For example: 

“In my opinion, Meta unlawfully fails to provide consumers with information on the telephone number and e-mail address through which consumers can quickly and effectively contact the entrepreneur […]. I thoroughly searched the website www.facebook.com, its subpages, terms and conditions, etc., and did not find such information […]. Unfortunately, for several dozen hours, I have not received any response from Meta regarding my account, while the individuals who have gained access to it are browsing my private messages and photos on Messenger in order to appear more credible in conversations with my friends […]. I am unable to contact Meta in order to protect myself and my loved ones. I am unable to inform the platform that criminal acts are being committed through its intermediary.” 

UOKiK is examining the entire e-commerce sector to determine whether service providers are making available e-mail addresses and telephone numbers that enable quick and effective contact with the business. This applies in particular to companies providing global services to Polish consumers. 

If the allegations are confirmed, Meta may face a financial penalty of up to 10% of its annual turnover. 

Inform UOKiK

Can’t find contact details that allow you to contact the entrepreneur quickly on their website? Let us know: uokik@uokik.gov.pl.