Telecom operators do not always respect the legal framework. Unclear offers, false promotions, breaches of distance selling rules… the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF) is criticizing the profession. According to the survey it carried out in 2021 among 42 establishments, more than a quarter of them presented an anomaly (28.6%).
The principle of hidden subscription
Among the deceptive and abusive practices, the repression of fraud points the finger “ offers presented as limited in time, when they are systematically renewed “. The principle is simple. The operator offers subscription offers at advantageous prices while indicating that they have a limited lifespan, “ by displaying, for example, a countdown to encourage consumers to quickly subscribe. » “In reality, these offers follow one another at short intervals or overlap to result in a permanent offer which lures the consumer. »
Another common deception: hidden subscription. The consumer sees the amount of his telephone bill increase after the unwanted subscription to one of the services associated with his telephone offer, such as a service for listening to online music or videos in replay. The DGCCRF received 90 complaints addressed against the same company which publishes this type of service accessible from a smartphone or computer.
Telecoms, a breeding ground for disputes
At the end of these checks, the fraud prevention department issued two administrative injunctions, three criminal reports and one administrative report for misleading or abusive commercial practices, in particular for the renewal of offers beyond the announced deadlines.
In the least serious cases, the investigators demonstrated pedagogy by sending seven warnings to remind professionals of the law, particularly with regard to breaches of the general conditions of sale, and in particular those relating to distance selling.
The telecoms sector particularly attracts the attention of the DGCCRF, given the important place that telephony and the internet play in the daily lives of the French. “ The dynamism, innovation and strong competition in this sector encourage frequent renewal of offers and sales methods, notes the repression of fraud. »
“However, some players may seek an advantage over their competitors by evading consumer protection rules or by resorting to unfair commercial practices”tackles the repression of fraud.
Without giving the names of the offending companies, the DGCCRF indicates 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 establishments. »
More than 5,000 complaints in one year
Of the 5,026 consumer complaints received in 2021 by the DGCCRF services, a significant proportion concerned abuses concerning contractual and pricing changes that cannot be refused by customers. According to the latest report from the Electronic Communications Mediation, the main disputes relate to the contract (22%), invoicing (17%) and termination conditions (17%).
The legal framework can sometimes favor operators. According to article L. 224-33 of the Consumer Code, a consumer can only accept changes made to their contract by their operator as long as they are clear and they are notified at least one month later. advance. However, he can simply terminate his contract without charge.
Promulgated in 2021, the year of controls, the European Electronic Communications Code (ECEC), on the other hand, improves consumers’ rights in terms of pre-contractual information. They receive a “contractual summary” when subscribing to an offer. The termination conditions must be accessible without the subscriber needing to contact their supplier.
European regulations govern the group sale of equipment and services or the return of equipment at the end of a subscription. It also provides for compensation mechanisms in the event of delay or abuse in terms of telephone number porting and change of supplier as well as in the event that an installer does not honor an appointment with the customer.