AGCM

PRESS RELEASE

FINE OF EUR 320 000 TO TELKOM: AGGRESSIVE DEBT COLLECTION PRACTICES

“Unfair commercial practices due to their aggressiveness”: this is what, according to the Italian Competition Authority (ICA), Telkom S.p.A. has implemented autonomously to recover various debts in favour of Sky, sending the clients “writ of summons to trial through the Justice of the Peace without consideration of the jurisdiction”.  Here, the Antitrust Authority has imposed on the company a fine of EUR 320 000, to be paid within 30 days from notification of the measure which will be published today in the weekly bulletin on the ICA website.

The case signalled to the Authority by many consumers between July 2013 and March 2014, was reported even in the media and in particular was featured in the television programme “Report”.  The writ of summons sent by Telkom, “indicating a fictitious date for the first hearing”, according to the Antitrust Authority was such as to exert on the recipients “an undue influence, giving way to the belief that, regardless of the merits of their accounts, it is preferable to proceed rapidly to pay the amount requested rather than expose themselves to a judicial restraint”.  This commercial practice was considered, furthermore, “not in conformity with the level of reasonable professional care”.

However, in the present state of the acts the Authority has not found sufficient elements to constitute a violation of the Consumer Code with which Telkom demanded the payment of credit, on behalf of various clients, “even threatening the proceedings for recovery”.

Roma, 26 January 2015