The telecommunication operator Polkomtel charged extra fees for video streaming, even though the consumer paid for internet access, the Office of Competition and Consumer Protection confirmed in proceeding against the operator.
According to the UOKiK, subscribers had limited access to the packet they had paid for and incurred unjustified fees. Many people concluded their contracts convinced that they would also be able to use the streaming services.
The Office found that consumers had limited access to internet services, because since 2013 Polkomtel charged additional fees for video streaming, i.e. for listening to internet radio, watching films or video materials online in real time. The fee was PLN 0.4 per minute of transmission. According to the Office, subscribers should have access to all portals as part of the packet they paid for. This is due to the principle of open internet access meaning that consumers should be able to have access to the lawful internet content of their choice on equal and non-discriminatory terms. If they had known it was not possible, they could have decided to choose another operator’s offer. The president of UOKiK demanded that this practice be discontinued.
Extra fees were not specified on the invoice; they were listed under such items as Domestic calls and text messages. It was misleading to consumers, because it was not until they analysed their billing that their realized that multimedia services incurred additional cost. This practice was used from 2013 to 2017 and it was discontinued.
The President of UOKiK stated that Polkomtel violated the collective interests of consumers and imposed a fine of over PLN 50 million. Furthermore, the company must publish on its website and social media a statement and provide a link to the Office’s decision in this case.
