WindTre, what a blow! 1 million euro fine. And Iliad also gets into it

WindTre, what a blow! 1 million euro fine. And also Iliad

12 November 2021 27

WindTre is accused by AGCOM of having “ implemented various changes in the legal and economic conditions of prepaid mobile phone offers “. The facts concern in particular three changes, one relating to the possibility of continuing to call, send messages and surf the net even after having finished the residual credit at a cost of 0, 99 euro per day up to three consecutive days, the other on the remodeling for former Tre customers who deactivate the All-In or Play offers with the transition to the Basic New tariff plan at a cost of 4 euro per month, and the last on the remodeling towards the Super offer 70 for economic reasons “which provides for unlimited minutes, 200 SMS and 70 GB at 7, 99 euro per month.

AGCOM’S REASONS

REMAINING CREDIT DEBIT ALL DONE

  • the cli entities have the right to receive clear, complete and transparent information to make informed contractual choices
  • the debit of up to three consecutive days of 0, 99 euro to continue calling, sending SMS and surfing even with the remaining credit run out is not considered a unilateral change, but a quid novi in the original contract. The customer has deliberately chosen a flat offer with pre-established limits to have telephone costs always under control, but the introduction of traffic on consumption contradicts the same type of offer, risking to generate costs that were not initially foreseen
  • the user is unable to decide freely whether to activate the outbound traffic due, given that the variation introduced by WindTre “ does not provide for the expression of a will by the user, but it simply clicks through the ordinary use, even if separated, of the voice services, SMS data in the absence of residual credit “. The only way to avoid the debit purchase of the additional credit would be to deactivate the data connection and lock the keyboard
  • the extra-costs are charged on the next top-up, preventing the user from having full control over his telephone expenses
  • the activation of the navigation continuation mode is in contrast with current legislation “ which establishes the obligation to terminate the data connection as soon as the remaining credit or available traffic has been completely exhausted without further charges for the customer and requesting express consent to resume the connection

The company cannot legitimately activate a mode of continuation of data traffic without having previously received an express expression of far in this sense by users, which can neither be tacit nor presumed.

REMODULATION OF FORMER TRE CUSTOMERS

  • the deactivation of All-In and Play leads to the activation of a tariff plan that is not only completely different from the previous ones, but also provides for a fixed monthly cost of 4 euros
  • the user is not granted the possibility of make a free and conscious contractual choice
  • SMS sent to customers do not carry the wording “ contract modification

SUPER 70

  • in the Wind Informa section has not been found no information regarding the forced passage to this rate, and the SMS sent to customers is re held misleading
  • were not contractual changes made, but a different offer was activated
  • the text of the SMS is misleading

The fine imposed on WindTre to be paid by 30 days from the notification of the AGCOM provision is 1, 044 millions of euro.

ILIAD VS WINDTRE

Iliad asked the Advertising Self-Regulation Institute to comment on the telephone offer of WindTre named “Try & Buy” , which provides the opportunity to try the WindTre network for free for one month without constraints, being able to choose between the offers Di Più Full 5G Easy Pay, Di Più Lite 5G Easy Pay, Young 5G Easy Pay and Ca ll Your Country Premium 5G Easy Pay.

With pronunciation 43 bis / 2021 of 9 November, IAP declared that

the commercial communication examined is in contrast with art. 2 of the Corporate Governance Code to the extent that it does not clarify the relationship between the advertised promotional offer and the duration contract to which it is accessed, which may oppose the promise of gratuitousness and absence of limits, and in these terms orders its termination .

At the end of October Iliad and WindTre had already found themselves against each other, but with reversed parts, with the the first accused by the second of having published a deceptive commercial. In that case (“ Why tell us stories? “) ,

The Jury, having examined the documents and having heard the parties, declares that spot no. 1 of the advertising examined is in contrast with art. 2 of the Corporate Governance Code, limited to the indication of 044% of customers satisfied and within these limits orders their termination.

Credits opening image: Pixabay


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