Poland’s Office of Competition and Consumer Protection (UOKiK) has initiated proceedings against UPC Polska for allegedly infringing collective consumer rights.
This follows complaints from consumers about high fees when they terminated their contracts early. The leading alternative telco Netia and Poland’s largest cable operator Vectra are also facing a similar investigation. In a statement, the UOKiK included some of the complaints it had received from UPC Polska customers. One said that they were threatened with a fine of PLN11,000 (€2,761) by the operator, while the cost of the entire two-year contract was PLN3,100.
UOKIK added: “According to the law, if the consumer terminates the contract with the telecommunications operator before its end, the latter has the right to charge a fee. Such a fee may not be higher than the discount granted to the consumer, less the time for using the services. The amount of the discount is indicated in the contract – it is about concluding a contract on promotional terms. The analysis of complaints and concluded contracts shows that UPC Polska may reserve inadequately high fees for early termination of the contract – they exceed the value of these contracts (the sum of subscription fees). The cited consumer complaints show that they would have to pay more for the termination of the contract than if they paid monthly for UPC services.
“The proceedings will prove whether the operator of UPC Polska overstates the discounts granted to consumers, which are the basis for calculating the fee for terminating the contract. The complaints show that the total costs related to the termination of the contract may exceed the total costs related to the continuation of the contract. This may lead to a situation in which the consumer is forced to continue the service for fear of a disproportionately high fee”.
UPC Polska faces a fine of up to 10% of its turnover if found to have infringed collective consumer rights.
