T-Mobile Poland's advertisement spot from 2015 was misleading and violated collective rights of consumers, decided the competition and consumer protection authority UOKiK. As the operator withdrew the spot and undertook to compensate customers for any over-payments, no penalty has been imposed.
The advertisement for subscribers of the operator's network Heyah ran from 21 July to 30 September 2015 and offered unlimited calls and messages as well as internet package Smart XL. The advertised price was PLN 49.98. However, the information was missing that the price applies only for three months and then will increase by the price of the data package. Furthermore, it did not say that the price is conditional on agreeing to receive marketing information and activating electronic invoice, each costing normally PLN 4.99. After seeing the advertisment spot, the consumers did not know that without the discounts for marketing consent and electronic invoice, the applicable price would be PLN 59.96 during the first three months and then PLN 79.95 a month.
Based on UOKiK's decision, the operator shall charge only the advertised amount of PLN 49.98 until the end of the contract period and compensate customers for the amounts they have paid in excess of PLN 49.98 a month.
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