Monthly Monitoring Report 11/2021: What does the amendment to the Electronic Communications Act bring to consumers; unlimited not always means unlimited; copy of receipt and customer card were enough to raise a claim
Prague, 16 November 2021 – In November Monitoring Report we deal, again, with the amendment to the Electronic Communications Act, most part of which will come into effect on 1 January 2022. In particular, we summarize what is going to change specifically for the better for consumers. We also inform about the inspection of so-called unlimited tariffs to avoid misleading the consumer. We also bring a case from decision-making practice concerning the dispute between the sender and Česká pošta, in which CTU recognize the copy of receipt in combination with customer card to be sufficient to proof sending of an item.
Here is a summary of the most important changes that the amendment brings to consumers: the right to change Internet access service provider so that the continuity of the service provided is maintained as far as possible. The customer will be able to stay without functional Internet connection for a maximum of one working day. In addition, the customer has right to a lump-sum refund in case the time limits are not met. Also the extension of information obligation related to customer contracts in electronic communications, accessibility of emergency lines also via SMS, easier VHCN deployment, conditions for further development of digital radio broadcasting or new rules on marketing calls, are also important.
According to the CTU, the offer of unlimited use of voice and SMS services should not be associated with any limitation of the volume of services presented in this way, and any restrictions on “unlimited” services may be applied only in the exceptional case of a threat to the security and integrity of the services. With regard to the offer of “unlimited” data services, when assessing the offers of individual operators, CTU focuses, among other things, on uncovering another practice which may ultimately prevent users from using these services in a truly unlimited way. Operators do indeed offer a seemingly unlimited amount of data, but the connection speed when using this service is so low that it prevents users from making full use of the Internet services.
Czech Telecommunication Office