Vectra to Compensate Consumers for Unauthorized Service Activation
Vectra has been ordered to compensate consumers for automatically activating the 'Safe Internet' service without explicit consent, violating consumer rights.
13.12.2023 | Polish competition authority
Vectra, a provider of cable television and internet services, has faced scrutiny for automatically activating and charging customers for the 'Safe Internet' service without their clear consent. Following a decision from the Polish competition authority, UOKiK, the company will reimburse consumers for this improperly activated service.
Prior to May 11, 2020, some promotional offers from Vectra required the automatic activation of the 'Safe Internet' antivirus software as a condition for receiving favorable telecommunications service terms. This activation was mandatory at the time of contract signing, and consumers could not opt out. After a promotional period of two to four months, the service would begin to incur a monthly fee of 6.90 PLN unless the consumer actively opted out.
UOKiK President Tomasz Chróstny emphasized that any additional paid services must be activated only with the explicit and informed consent of the consumer, ensuring they have a real choice and the ability to refuse. Consumers should decide whether they need the service and are willing to incur additional costs beyond the agreed basic service fee.
As a result of UOKiK's decision, Vectra will positively address previously rejected complaints regarding the activation of the 'Safe Internet' service and refund consumers for up to 24 payments, totaling 165.60 PLN. Additionally, increased charges on the first five invoices (up to 34.50 PLN) will be refunded to all subscribers who signed contracts under promotional conditions requiring automatic activation and opted out before receiving their fifth invoice.
This obligation applies to both current and former Vectra customers. The company will inform affected consumers about the UOKiK decision through individual correspondence, its website, and its social media profiles. Details of Vectra's obligations are included in the decision.
On May 11, 2020, Vectra withdrew offers that mandated the activation of the paid 'Safe Internet' service for promotional contracts. New promotional offers no longer include such a requirement, and Vectra now asks consumers separately for their consent to activate the 'Safe Internet' service, which is now an optional add-on that does not affect the main service terms.
The decision is not yet final, and Vectra will begin fulfilling its obligations as outlined in the decision once it becomes legally binding.
The requirement for explicit consent before entering into agreements for any additional payments stems from Article 10 of the Consumer Rights Act. UOKiK President has previously highlighted this issue in actions against the telecommunications sector, having issued similar binding decisions against companies like Cyfrowy Polsat, UPC, Netia, P4 (Play), and Orange Polska.