AGCM

According to the Authority, Facile.it Mediazione Creditizia S.p.A. and Facile.it Broker di Assicurazioni S.p.A. engaged in misleading and aggressive unfair commercial practices

The Italian Competition Authority closed its investigation into two unfair commercial practices regarding comparisons and quotes in the financial and insurance sectors, which were carried out through the Facile.it. website. Fines of 1,050,000 euros were therefore imposed on Facile.it Mediazione Creditizia S.p.A. and of 5,950,000 euros on Facile.it Broker di Assicurazioni S.p.A.

The first practice deemed to be misleading, in violation of articles 21 and 22 of the Consumer Code, is related to the fact that it was not made clear that loan comparison results are provisional, as each financial institution is responsible for assessing the creditworthiness of individual users, with a possible deterioration of the economic terms and conditions offered during the quoting phase. This is essential information that relates to the actual terms of the contract and which could therefore affect the consumer’s choice. With reference to motor vehicle liability insurance, on the other hand, it was not adequately highlighted that Prima Assicurazioni S.p.A. is a brokerage company, not an insurance company, and that it offers third-party liability indemnification.

The second practice deemed to be aggressive, in violation of articles 24 and 25 of the Consumer Code, consists in having persistently offered consumers an insurance policy combined with personal loans, through the use of automatic pop-ups, including individuals who had initially expressed an intention not to take out the policy. Moreover, for both the loans and the motor vehicle liability insurance policies, an authentic activity of solicitation was conducted by telephone, by contacting even those who had not expressly asked for a call back, but had simply saved the quote. According to the Italian Competition Authority, such conduct may limit the consumer's freedom of choice, since unsolicited requests with respect to a saved quote, for which interest may have ceased over time, constitutes a form of undue pressure, which may influence their choices.

Rome, 13 October 2021