15.01.2025 | Polish competition authority
The President of the Polish competition authority has issued binding decisions against mPay and Revolut Bank UAB, highlighting practices that potentially violate collective consumer interests. Both companies failed to provide information about changes to payment service agreements in a durable format and lacked appropriate modification clauses in their contracts.
mPay informed customers about changes to their payment service agreements via email, directing them to a website link where they could download the updated agreement in PDF format. However, this method was deemed inadequate as the website does not constitute a durable medium, which is required by law. Similarly, Revolut Bank UAB used the same approach, sending emails with links to their website for customers to access updated documents.
The President emphasized that important contractual information must be communicated in a way that ensures permanence and accessibility, allowing consumers to assert their rights without time limitations. The current practice of providing links to downloadable documents does not guarantee that the version accessed is the same as the original, as companies can modify their website content at any time.
In addition to the notification issues, mPay was found to have unilaterally changed its application regulations and charged customers new or increased fees without the necessary contractual provisions. As a result of the authority's decisions, both mPay and Revolut Bank UAB are required to automatically refund consumers for overcharges and provide additional benefits as compensation.
Consumers, including former clients and inactive users, are eligible for refunds. mPay will offer a free monthly subscription plan, while Revolut Bank UAB will provide free upgrades to existing plans and additional cashback for purchases. The details of these obligations are outlined in the authority's decisions.
Consumers are advised to ensure they receive information in a durable medium, which typically includes paper documents, USB drives, or PDF files, meeting specific criteria to prevent unauthorized changes and ensure easy access to the content.
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