The President of the Polish competition authority has launched an investigation into P4, the company behind the Play mobile network, regarding the use of unlawful contractual provisions. The authority will examine whether the mobile operator's introduction of fees for maintaining phone numbers in prepaid contracts violates collective consumer interests.

P4 has begun charging customers using the 'Play na Kartę OdNowa' and 'Play na Kartę 3.0' plans a fee of up to 5 PLN for maintaining their phone numbers. This fee was unilaterally introduced into contracts without a legal basis or a clause authorizing such changes, which may constitute a violation of collective consumer interests.

Customers are charged this fee if they do not perform specific activities defined by the company within a monthly billing cycle, even if they are using purchased packages or receiving calls. The authority's president believes these provisions may contradict good practices and significantly harm consumer interests.

The essence of prepaid offers is the freedom to manage funds according to individual needs. The decision to top up accounts or purchase additional services should not be pressured by the provider. Customers have complained that the current structure of the number maintenance fee forces them to buy and use unnecessary services from Play.

The risk of incurring fees for maintaining numbers in subsequent billing cycles may lead consumers to use services more than they actually need. To avoid losing funds, consumers might engage in activities they would not otherwise pursue if not for these contractual provisions.

Concerns have also been raised about P4 treating 'number maintenance' as a separate service, despite it being an essential component of telecommunications services and an operator's obligation. The president of the authority likened this to a taxi driver charging extra for leasing, fuel, insurance, or maintenance costs.

P4 also offers prepaid plans without number maintenance fees, where customer service is still provided. The investigation into Play is part of broader actions by the Polish competition authority regarding additional fees for consumers using prepaid telecommunications services. Similar charges have also been raised against Orange Polska, and if confirmed, both companies could face fines of up to 10% of their turnover.

Additionally, an explanatory proceeding is underway against Polkomtel regarding similar issues.