Subscription-based online services have become the norm. According to the BlueMedia report, in 2022 40 percent all Polish residents pay in this way for access to films and series. The problem is that in recent months, many services that automatically collect monthly fees have increased their prices.
UOKiK: raising prices without the customer’s consent is breaking the law
As the Office of Competition and Consumer Protection writes, the president of the office recently looked at the regulations for subscriptions to services available as part of the Amazon Prime and Amazon Prime Video packages and found irregularities in them. The Office of Competition and Consumer Protection reports that Amazon EU and Amazon Digital UK granted themselves the right to unilaterally decide to change the price, starting from the new subscription period. The operator – in accordance with the regulations – could charge the customer a new, higher fee from the next month without having to ask for his consent.
The Office of Competition and Consumer Protection found such actions unlawful. The office explains that any increase in the subscription price from the next month may only take place with the customer’s consent and cannot be the so-called tacit consent (i.e. not terminating the subscription). The customer must receive information and make a conscious decision whether he wants to continue paying for the service under the new conditions or prefers to forgo further payments.
“For years, we have been advocating that contractual terms and conditions fairly regulate the obligations of the parties to the contract. In the case of increasingly popular subscription services, consumers trust the service provider and entrust their payment card details to be able to regularly use access and pay their obligations. This does not mean that At this point, operators may, without their consent, charge higher fees than those that consumers have previously agreed to. There is no such thing as a consumer’s “tacit consent” in the case of extending the subscription for subsequent months at changed rates. In the event of a price change, the mere fact of informing the in advance about changes in price lists. The consumer must be able to accept the new price of the service, under which he will make an informed decision about whether to extend the duration of the contract on the changed terms,” said Tomasz Chróstny, President of the Office of Competition and Consumer Protection.
Amazon is changing the rules, but it’s not the only company. A wave of increases in VOD services
In response to the decision and as part of the agreement with the Office of Competition and Consumer Protection, Amazon EU and Amazon Digital UK are changing their practices and are to inform customers about them. The problem is that there are at least a few or even a dozen streaming services operating on the Polish market. Such increases have been announced in recent months by e.g. Spotify, Tidal, Netflix, Disney+,
The Office of Competition and Consumer Protection is already conducting explanatory proceedings regarding subscription services offered by a large number of foreign companies operating in Poland. These include Apple, Disney+, Google (YouTube Premium), HBO Max, Microsoft (GamePass), Netflix and Sony (PlayStation Plus). The office is to check whether the procedures for changing subscription prices used by these brands are in accordance with Polish law.
Source: Gazeta

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