site.btaConsumer Protection Commission Issues Order to Ban Price Hikes by Mobile Operators

Chair of the Consumer Protection Commission (CPC) Maria Filipova declared the price hikes by mobile operators unfair practices and issued an order requiring them to immediately stop implementing unilateral changes in contracts without consumer consent, the Commission said here on Friday. The CPC added that within the scope of its powers, it will impose appropriate financial penalties on the operators who have applied the unfair practices. In such cases, the law provides for a penalty of up to BGN 50,000 for each unfair commercial practice applied.

The announcement states that Maria Filipova has ordered in-depth checks and analyses to be carried out, which have revealed key violations that pose a serious risk to the economic interests of citizens. These include unilateral changes to contractual terms without the consent of consumers. Two mobile operators were found to have changed the terms of existing contracts, including increasing monthly charges, without reaching a written agreement with consumers. "Such actions put consumers at a disadvantage, forcing them to accept unwanted changes or terminate their contracts on unfavourable terms", the CPC said.

The other infringement is related to misleading communications by a mobile operator about the legal justification for the changes. The inspection found that the mobile operator had used misleading messages referring to the Electronic Communications Act to justify the unilateral amendments to the contracts. Such a practice not only violates good faith but also changes the economic behaviour of consumers by misleading them.

The third infringement relates to the forced addition of upgrades to subscription plans in return for an increase in the monthly fee. The CPC found that one of the mobile operators included double mobile data volume, more national minutes and/or higher internet speeds, justifying this with an "upgrade" of the subscription plans. However, these changes are made without an explicit request from consumers. The CPC stresses that such actions violate the principles of transparency and fairness and may lead to a substantial change in the economic behaviour of consumers who are put in a situation of forced choice to accept undesirable terms or to terminate their contract. "I appeal to all citizens to inform themselves about their rights and to report suspected violations", Filipova urged, quoted in the communication.