It was about a famous T-Mobile advertisement with the slogan “1200 GB free for a year”. The offer concerned pre-paid customers, and the operator suggested in the advertisements that they would receive a 100 GB internet package free of charge for 12 months. However, the condition for taking advantage of the promotion was to top up the account with at least PLN 35 per month.
T-Mobile will pay over PLN 25 million for advertising “free” gigabytes for a year
The Office of Competition and Consumer Protection (UOKiK) explains that such advertisements were misleading to consumers, because the amount that actually needed to top up the account was PLN 420 (PLN 35 x 12) after a year. The office explains that such information was written “in small font at the very bottom of the advertisement.” For at least some customers, the terms of the promotion may not have been fully understood.
Tomasz Chróstny, president of the Office of Competition and Consumer Protection, that “a short, concise and clear form of advertising message does not authorize entrepreneurs to “use false advertising”. The practice of using “hooks” in advertising is, according to the Office of Competition and Consumer Protection, illegal.
Advertising slogans are designed to attract the consumer’s attention so that they are remembered and encourage them to purchase the advertised service. As a rule, the advertising message must be short, concise and clear. However, this does not authorize entrepreneurs to use false advertising. The consumer has the right to expect that the presented offer is fair and does not contain any catches. The actual promotion mechanism of T-Mobile Polska was based on an “installment” system, in which the consumer received a 100 GB package every month for 12 months, provided that the card was topped up with at least PLN 35.
– said Tomasz Chróstny, President of the Office of Competition and Consumer Protection.
For broadcasting such an advertisement, T-Mobile Polska will now have to pay a fine of over PLN 25 million (PLN 25,623,957 to be precise). Moreover, the operator is obliged to publish the Office of Competition and Consumer Protection’s decision on its website and on its social media channels. The office also emphasizes that both Poles and Ukrainian-speaking customers were misled, which is why the information must be published in two language versions – in Polish and Ukrainian.
The decision is not final, so the operator may appeal against it to court.
T-Mobile published a statement. “We do not agree with the form and amount of penalties”
T-Mobile regarding the fine imposed. The operator does not agree with the UOKiK’s justification and declares that it intends to appeal against the office’s decision. According to T-Mobile, the offer “was created in line with the mechanics specific to pre-paid services”, i.e. the fact that the possibility of using additional bonuses is associated with having an active account or package. This – as the operator explains – is connected with the “obligation of monthly top-ups”.
Like every offer we introduce, “1200 GB for free for a year” was created in line with the mechanics typical of pre-paid services, in which the use of additional bonuses is always associated with having an active account or package, which in turn is associated with the obligation to make monthly payments. top-ups
– we read in the statement.
The operator adds that at the time of its launch, the offer was the first such solution on the market available to all customers with a pre-paid number. Moreover, it was said to have met with “incredible interest from customers” and was associated with “hundreds of positive signals about its introduction”. T-Mobile also emphasizes that the promotion was noticed by competitors who introduced similar solutions.
T-Mobile also states that at the beginning of this year, “immediately after UOKiK presented” the company with objections, the operator “voluntarily and fully openly” cooperated with the office and “took the initiative” to introduce changes in the content of advertisements to make it compliant with guidelines of the Office of Competition and Consumer Protection, and also proposed the introduction of “a number of solutions aimed at compensating” injured customers. T-Mobile emphasizes that it is only aware of two cases of objections regarding promotion communication.
After a thorough analysis of the justification for the decision of the President of the Office of Competition and Consumer Protection, we strongly disagree with the form and amount of penalties imposed on T-Mobile Polska as part of the proceedings. We also declare that we intend to appeal against this decision within the time limit provided for by the regulations
– writes T-Mobile in a statement.
Source: Gazeta
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