Cyfrowy Polsat fined by UOKiK. Enabled services without permission. Now he will have to return the money

The Office of Competition and Consumer Protection dealt specifically with the case of two Cyfrowy Polsat services – “Internet Protection” (antivirus program) and “Ipla 3 z 3 Service” (playing content on multiple devices). As determined by the state body, the operator added one or both services to most of its promotional offers and did not ask its customers for permission to activate them. They were also added with some changes to the terms of earlier contracts.

UOKiK: Cyfrowy Polsat enabled services without the consent of customers

Customers also had no possibility to resign from additional services at the stage of concluding the contract, but only after signing it. After the end of the promotional period, Cyfrowy Polsat automatically extended their operation. Consumers who did not realize in time that they had additional options enabled had to pay fees for them. The President of UOKiK decided that this was an unlawful action, and the operator should have asked each customer for consent to activate the additional service, at the latest at the time of signing the contract.

“Consumers should have a real opportunity to choose and assess whether they need a given service and whether they want to bear the costs related to its launch. Fees going beyond the agreed main service, in the case of Cyfrowy Polsat beyond the subscription for the Internet access service, must be made clear by consumers and explicitly approved at the latest at the time of concluding the contract” – explained Tomasz Chróstny, President of UOKiK

Now, Cyfrowy Polsat will have to inform its clients about the decision of UOKiK (individually, on the website, as well as on Facebook and Twitter) and offer compensation. It is a refund of the fees from the first three invoices, provided that the customer resigned from additional services before receiving the fourth such invoice. In addition, Cyfrowy Polsat will have to reconsider and take into account the complaints submitted so far, regardless of whether they were submitted by existing customers or by customers. UOKiK added that in recent years, it has already handled many cases regarding the activation of additional services without the consent of customers (against UPC, Netia, P4 (Play operator), Orange Polska, and is currently considering the Vectra case) and reminds that this action is inconsistent with the Act on consumer rights.