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PS11379 - ICA: Telecom fined 4.8 million euros for unfair business practices in the promotion of Winback offers and unsolicited services


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The Italian Antitrust Authority concluded an investigation against Telecom Italia S.p.A., finding two infringements of the Consumer Code and imposed fines for a total amount of 4.8 million euros.

The Authority found that, in violation of Article 22 of the Consumer Code, since June 2018, Telecom did not provide clear and immediate information in its promotion of “personalised" winback offers for mobile phone services aimed at former customers. They were contacted mainly by text message or through a call centre, indicating only the conditions of the proposed tariff plan in terms of monthly price and traffic included, while neglecting to mention either in the message or during the call any additional costs or restrictions on the use of the offers.

This conduct was considered likely to mislead the average consumer as to the content of the proposal and lead her/him to make a transactional decision that s/he would not otherwise have made.

The Authority also ascertained that, in violation of Article 65 of the Consumer Code, during the signing-up phase to all the mobile phone offers, Telecom pre-activated various services and/or options in addition to the main offer, with additional costs, without the prior and express consent of the consumer.

 

Rome, 13 January 2020