Dr. Laura Bianchi Dr. Lara Ricci
The Authority for Competition and Market has imposed a fine of € 500 thousand, evenly distributed, the telecommunications company TIM and Vodafone. Antitrust in the viewfinder, in particular, there are changes to contracts that, in a totally one-sided, the two operators have applied to consumers that they had not received enough information about it. The measures taken by the Authority for the competition and the market followed by a number of reports submitted by consumer associations, which, by analyzing the changes that have invested the pricing plans of users, have estimated increases ranging between 49 and 83 €.
operators, for their part, have repeatedly stressed that it had informed its users with the utmost transparency and well in advance by sending SMS to alert its users of changes in tariffs. According to the Antitrust Authority, the two operators would have to proceed to providing our customers with the information necessary for an informed choice and to exercise any right of termination, as required by the Code of electronic communications. TIM and Vodafone were activated to provide greater visibility to contractual changes, but the deployment of forces did not appear sufficient to the Guarantor.
According to the AGCM
TIM would spread to their consumer disclosure and omission ambiguous about the features of the reshaping of the service plan and the rights granted to you. " It is a practice deemed serious by the Authority that, in addition to recall how the movement has invested a substantial number of consumers from diverse socio-demographic characteristics, said that "the requirement of completeness and clarity of the information conveyed is particularly compelling, and this also because of asymmetric information faced by consumers in relation to phone operators, due to both the proliferation of promotions and rates as the provision of services under increasingly sophisticated the purely technical aspect. "
The same penalty was provided for Vodafone, which" has made a change in the overall operation of the tariff plans, called from the simplification, since August of 2008, a period of spreading ' SMS, an adverse change in economic conditions applied to consumers, "communicating to their users via SMS, characterized, in the opinion of the Authority, by" an ambiguous content and omission regarding the information on the nature of the operation in progress and to rights granted to the user, such as to prevent the customer concerned to take a subsequent conscious decision. "In the SMS is not mentioned the right of withdrawal, nor the cost 16 euro cents to the charge, or the charging units in advance for a period of 60 seconds and specifies the AGCM, the campaigns were not enough in the press and via the Internet. The Ombudsman identified the behavior of an unfair commercial practice and therefore also on Vodafone hangs a fine of 500 thousand euro.
The Authority considers that, in both cases, workers have helped to create a way of "generalized distrust", thus slowing the growth and evolution of the market.
Both Vodafone and Telecom Italy reserves the right to appeal the decision of the Authority, in an attempt to prove the correctness of his conduct, but the President believes that the analysis of the Authority AGCM is proportionate: "We felt it was an appropriate penalty. What is the appropriate maximum penalty."
Consumers, for their part, welcomed the intervention of the Ombudsman, while stressing that the sanction imposed on the two operators is in no way act as a deterrent, or compensate the citizen. The measure taken by the AGCM
demonstrates the urgent need to introduce class actions in our country because without such a tool consumers can not initiate an action for damages collective aimed at restitution of unjustly figures collected by telephone companies. The establishment of compensation collective would fit perfectly in such cases where, for such unfair trade practices, the fine is meaningful formal and does not return the thousands of users the figures collected by the operators automatically, without consumers had no opportunity to be informed and to choose .
Consumers League believes that the maximum penalty is always too little respect to the illegal business that has matured in his time: it amounts to the two telecom companies agree to pay as much lower than in the business who have already received and that are unlikely to be returned. Consumers League, also believes that the fine should € 500 000 go directly to consumers as a down payment of compensation.
For further information you can call the numbers on the Consumers League of Perugia 075.5004969 - 075.5000949 - Via Sicilia n. 55/57 (Perugia).
President Mr. Damiano Marinelli