Poland’s Office of Competition and Consumer Protection (UOkIK) has fined Cyfrowy Polsat and Polkomtel a total of over PLN40 million (€9.25 million) for misleading advertising.
Furthermore, it has ordered that relevant information on violating consumer rights be aired on TV, and that the Office’s decisions be published on the companies’ websites.
In a statement, the UOKiK says it received a number of consumer-filed complaints about advertising campaigns concerned with smartDOM and Power LTE products, both of which are service packages offered by Cyfrowy Polsat and Polkomtel.
The complaints focused on press, electronic media and billboard ads presented in the summer of 2014 and relied on the following slogan: Power LTE – LTE Internet with unlimited data.
Later, before Christmas, the companies were airing TV commercials suggesting that the package of services may be purchased, along with a smartphone, tablet or a television set, for PLN61 per month.
According to Marek Niechcial, president of UOKiK, “we questioned the misleading statements included in the advertisements that covered both telecommunications services and electronic equipment. The practices of both companies could have generated financial losses on the part of those consumers who decided to conclude a contract based on the promotional terms of smartDOM and Power LTE campaigns. We found during our investigations that the actual terms of the promotional campaigns were different than those presented in the ads. Of course, an advertisement may follow various conventions, relying inter alia on such tools as simplifications or jokes. However, it must not be misleading as far as the products or services offered by an entrepreneur are concerned”.
The total fine imposed by the UOKiK amounts to PLN40.4 million, with Polkomtel required to pay PLN30.7 million and Cyfrowy Polsat PLN9.7 million.
The decision is not final, and both companies have the right to file a court appeal.
