Abusive practices: a quarter of fixed/mobile operators do not respect the law, according to fraud repression


Stéphane Ficca

Hardware & gaming specialist

September 14, 2023 at 12:30 p.m.

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home smartphone © Artit Wongpradu / Shutterstock

© Artit Wongpradu / Shutterstock

According to the DGCCRF, certain telephony and Internet players tend to bend a little too far from certain rules.

We are not idle on the DGCCRF side. After having identified various influencers, but also the famous advertising platform Taboola, the Directorate General for Competition, Consumption and Fraud Repression looked at telephone and Internet operators. And the defects noted are numerous…

Electronic communications in the sights of the DGCCRF

In an official press release, the DGCCRF announces that it has focused its attention on the electronic communications sector, the latter being particularly conducive to frequent renewal of offers and sales methods.

With its investigation, the entity sought in particular to find out whether certain actors were exempting themselves from certain consumer protection rules and/or whether they were resorting to questionable, or even illegal, commercial practices. Note that the electronic communications sector includes telephony, Internet, but also television.

mobile phone smartphone computer person © Shutterstock

© Taras Grebinets / Shutterstock

According to the DGCCRF, in 2021, no fewer than 5,026 consumer complaints relating to electronic communications companies were recorded. Most concern the now (in)famous abuses in terms of contractual and pricing modifications, the very ones which cannot be refused by customers.

More than a quarter of operators in default?

The survey carried out in 2021 (which concerned 42 establishments) took place after the promulgation of the European Electronic Communications Code (ECEC). Operators were therefore required to adapt to new regulations, particularly with regard to pre-contractual information and unilateral modification of contracts.

However, following its investigation, the DGCCRF indicated that more than a quarter of the establishments visited presented an anomaly (28.6%).

It has been found that small and medium-sized alternative operators are often unaware of many of the obligations imposed on electronic communications providers. Small structures also have difficulty applying the regulations on distance selling and sales outside commercial premises. », Indicates the Directorate General for Competition, Consumer Affairs and Fraud Prevention.

© fizkes / Shutterstock / Clubic

The DGCCRF points out in particular certain misleading or abusive practices, such as offers limited in time, while the latter are systematically renewed. Added to this are “hidden subscriptions”, with various complainants having noticed an increase in the amount of their telephone bill after an unwanted subscription to one of the services published by a company (which received an administrative fine).

Furthermore, the entity indicates that the deceptive or abusive commercial practices observed (in particular the renewal of offers beyond the announced deadlines) resulted in two administrative injunctions, three criminal reports and one administrative report.

Source : Gouv.fr



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