The Office of Competition and Consumer Protection (UOKiK) has questioned two practices conducted by Orange Polska. The first was the company’s policy to charge for calls to Orange and nju mobile customer service hotlines, even when consumers had free calls to mobile and landline networks included in their subscription. Orange was discovered to be charging not only for the call time, but also the waiting time to talk to a consultant, which often exceeded the actual call length. UOKiK stated that if a network has an offer for free calls, no fees should be charged for attempting to contact the service provider.
UOKiK determined that Orange Polska’s actions may have been in violation of consumer protection laws. Therefore, Orange has committed to changing its practices and will refund customers for the disputed charges. This is particularly crucial considering that due to the relatively low value of claims, consumers may hesitate to pursue their rights in more complicated ways, such as through court action.
Who can apply for a refund?
Current and past customers of Orange and nju mobile who have called the hotline between March 12, 2022, and March 12, 2023, signed a new contract, or changed its terms after December 25, 2014, maintained a bundle with unlimited calls to mobile phones during their call, and have not filed any complaints related to call costs or received a negative response, can apply for a refund.
How can you get a refund?
Current customers can access a special form available on Orange’s website for three months from the date of its release. Even if customers don’t fill out this form, they will still receive a refund either by paying less on their bill or a credit to their account.
Past customers of Orange and nju can also receive a refund by completing the form on the provider’s website within three months of the operator’s announcement of this decision.
Refund for diagnostic fee
The second practice questioned was charging a diagnostic fee of PLN 49 to ascertain if a customer’s claim of damage was valid. UOKiK has ordered Orange to stop taking such a fee and to issue refunds.
This compensation applies to customers who paid for a damage diagnosis from June 7, 2022, until the cessation of the fee. If they paid this fee more than once, they will receive a multiple of PLN 49.
How to get a refund in this case?
Customers should contact Orange through chat or their free hotline. The refund will be credited to the account provided by customers. Current Orange customers who do not contact the operator will also receive compensation. Orange will decrease their payments by PLN 49 or a multiple of this amount.
Author: Legal Advisor Sylwia Werpachowska, Chałas and Partners Law Firm. For sources: Decision no. DOZIK-8/2023, Statement of UOKiK President Tomasz Chróstny, Press release, https://uokik.gov.pl/aktualnosci.php?news_id=19928
