The proceedings against the Lodz cable operator Toya was initiated in November of 2013. Doubts raised Office advertising promotion 2 Birthdays 3G, which appeared in the magazine subscriber in June 2012. 2 Television Birthdays 3G. On the occasion of the second anniversary of TV 3G TOYA introduce a new rule: after two years of using 3G HD receiver or 3G HD PVR, your fee for access will be reduced from 15 or 20 zł / month to make a buck. Receiver for 1 zł. The base includes ALL TV 3G subscribers. Since the beginning of its existence.
The average consumer could think that in order to pay less, you just meet one condition: for two years to use the 3G receiver. In fact, the offer is available for those customers who have subscribed higher than Economical and was associated with the conclusion of the next contract. Consumers are not able to check the conditions in the rules, since it was made public only three months after the announcement of the promotion.
Toya committed to take action to remove the effects caused by the misleading slogan:
1. Customers who have not benefited from the promotion will be informed of the extension. They will have the possibility to conclude contracts, regardless of the stake, for an indefinite period, and promotional conditions will be valid for 24 months. In the event of early termination of contracts, will not suffer the financial consequences (repayment relief);
2. Customers who have entered into an agreement and continue to benefit from the service under the terms of publicity, among others, will be able to terminate the contract without financial consequences (repayment relief) or change the base package cheaper to the end of the promotional terms;
3. Customers who have previously benefited from the promotion, but passed a two-year duration of the promotional offer will be able to re-use it regardless of their package. Another agreement will be able to be terminated by the customer without financial consequences.
Toya was obliged to report on the implementation of the President’s decision.
Please note that any consumer who has entered into an agreement under the influence of introducing misleading advertising, you can individually apply to the courts for compensation, among others posiłkując Decision Authority. Redress may also facilitate the Act on combating unfair commercial practices, which gives consumers the option of suing in their individual disputes with traders. In the course of such proceedings, the court shall verify whether a commercial practice is unfair trader. In this case, the trader must prove to the court that he used market practice is not misleading to consumers.
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