• The Office has checked if telecommunications operators provide consumers with recordings of sales telephone conversations.
• Most undertakings use pro-consumer rules. Part of them did that even prior to UOKiK’s request, whereas others have changed their actions.
• The practices of Cyfrowy Polsat and Vectra which, however, has declared to introduce changes, have aroused the President’s doubts.
• Polkomtel has not fully taken into account the Office’s concerns.

UOKiK received complaints from consumers who informed that undertakings which provide telecommunications services fail to provide them with recordings of sales telephone calls during which the terms and conditions of the new agreement were set out. On the other hand, the undertakings frequently plead the content of such conversations while handling customer complaints.

For this reason, the Office decided to check that information. Since May 2016, the President of UOKiK has analysed the practice of 11 undertakings.

- In our opinion, during the term of the agreement the operators should provide consumers with the sales telephone conversations during which the terms and conditions of the agreement were set out. It applies both to entering into new agreements, and amending the existing ones. They should grant consumers the access to the recording at each request as part of the complaint procedure. The recording, if the consumer requests so, should be provided irrespective of the manner of the complaint handling procedure. Furthermore, the recording should be provided in a manner which enables the consumer to copy it, so that he can use it for the purposes of vindicating claims – says Marek Niechciał

The lack of the verification possibilities of the recording by the consumer may considerably disturb the contractual balance between the parties to the agreement. The entrepreneur, having the access to the sales conversation, interprets the content of the rendered establishments in a unilateral way, which remains beyond the second part to the agreement or other subject’s control.

Consequently, the failure to provide the recording of the sales conversations held may violate decency. As the same time, in the case of recordings aimed at amending the agreement, the obligation to provide them results directly from the Telecommunications Law*.

What is positive is the fact that majority of the undertakings provide consumers with recordings of sales conversations during which the terms and conditions of the new agreement are set out. Part of them did that even prior to UOKiK’s request, (ITI Neovision, Multimedia Polska, Multimedia Polska-Południe, UPC Polska). In the case of Multimedia Polska, Multimedia Polska-Południe and UPC Polska, thanks to the actions taken by the President of the Office, only the manner in which recordings are provided to consumers has changed, and is more convenient now.

Having provided for the remarks of UOKiK, also Vectra, which is currently facilitating only the recordings of the conversations during which contract agreements have been amended, declared the change of practice.

The remaining undertakings provided only the recordings of the conversations during which the terms and conditions of the agreement were amended, but they have changed their practice as a result of the actions taken by UOKiK (Netia, Orange Polska, P4, T-Mobile Polska).

The practices of Cyfrowy Polsat in the area of facilitating recordings can stay in contradiction to public decency. That is why UOKiK conducts investigation proceedings due to the probability of inhibiting consumers’ access to the recordings of sales conversations during which the terms and conditions of the signed or changed agreement have been set out. Polkomtel has not fully taken into account the Office’s concerns. In this case, investigation proceedings are still underway, and they may lead - if the undertaking fails to change the existing practice related to provision of recordings - to the institution of proceedings on violation of collective consumer interests.

Additional information for the media:

Press Office of the UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: 22 55 60 430
Email: biuroprasowe@uokik.gov.pl

Twitter: @UOKiKgovPL

* Pursuant to Article 56.6 of the Telecommunications Law, the service provider is obliged to record the declarations made by the subscriber via means of distance communication, and, in particular, over the phone, and to store them until the end of the term of the amended agreement, as well as to provide its content to the subscriber at his request made, in particular, during the complaint handling procedure.