Dr Smile Faces Consumer Rights Allegations from Polish Competition Authority
Dr Smile is under scrutiny for potentially pressuring consumers into signing contracts without full access to terms, raising concerns about unfair practices.
27.11.2023 | Polish competition authority
The Polish competition authority, UOKiK, has raised serious concerns regarding Dr Smile's business practices, particularly in relation to how they handle consumer contracts for orthodontic services. Consumers have reported difficulties accessing complete contract terms and feeling pressured to sign agreements immediately.
According to UOKiK President Tomasz Chróstny, Dr Smile may not have fulfilled its obligation to provide consumers with the full content of the contract and confirmation of its conclusion. Additionally, the company is accused of including an abusive clause in its contract regarding cancellation.
Dr Smile offers personalized orthodontic aligners, and over 100 consumer complaints have been received, indicating irregularities in the contract process. The service involves consumers scheduling appointments online for dental scans, after which Dr Smile prepares a treatment plan. During a follow-up phone consultation, consumers are presented with the plan and financial terms, often under pressure to agree without sufficient time to consider the details.
These remote contracts for orthodontic corrections are unique, as they do not allow for withdrawal rights due to their personalized nature. The costs can range from several thousand to tens of thousands of zlotys, making it a significant financial commitment for consumers.
UOKiK has also highlighted an abusive clause in the cancellation agreement that requires consumers to waive any future claims, such as those related to medical errors from the treatment. If these allegations are confirmed, the clause may be deemed unlawful and non-binding for consumers.
President Chróstny emphasized that consumers have the right to make informed decisions without pressure or manipulation. Practices that hinder access to contract terms or limit a company's liability are illegal and unacceptable. If the allegations are substantiated, Dr Smile could face fines of up to 10% of its annual revenue.