PRESS RELEASE: Monitoring report No. 11/2020
Prague, 25 November 2020 – In the Monitoring Report CTU informs about the judgement concerning the dispute on the duration of the first contract concluded with consumers for an internet access service. Other topics involve regularly summaries of consumer´s complaints and questions, and inspections of operators and Česká pošta.
The judgment of the Municipal Court in Prague of 13 October 2020 confirmed the CTU-backed interpretation of Section 63 Paragraph 7 of the Electronic Communications Act, according to which the first contract with consumer for an Internet access service may not be concluded for a definite period longer than 24 months. The Municipal Court in Prague confirmed the contested CTU decision, as it agreed with it and its justification. CTU will continue to consider conclusions of the first contracts with consumers for a definite period longer than 24 months to be illegal and such acting will be sanctioned in compliance with the law.
CTU checked the incorporation of changes resulting from the amendment to the Electronic Communications Act into the contract terms of operators. Three major providers of electronic communications services and 27 virtual operators were checked. The most common deficiencies, by more than a half of checked entities, were the failure to incorporate a reduction in the amount of payment for early termination of a fixed-term contract. In such cases CTU will launch proceedings on administrative offence connected with proceedings on imposition of an obligation to adjust the contract terms.
For the 3rd quarter of 2020 number of complaints falling within the scope of the Consumer Protection Act has increased. Consumers contact CTU in situations where they consider the presentation of services offered to them to be inaccurate, misleading or outright deceptive.
For the 3rd quarter of 2020, CTU registered total of 511 complaints of subscribers/users. Corporate customers mistakenly believe that reduction or prohibition of penalties for early contract termination, pursuant to Section 63 (1) (p) (1) of the Electronic Communication Act of 1 April 2020, applies on all the parties without distinction in compliance with the new Section 63 (13) of the Electronic Communication Act. However, this change does not concern corporate customers, but only consumers and natural persons acting as entrepreneur, as mentioned in Monitoring Report 5/2020.
The Monthly Monitoring Report No. 11/2020 is available here.
Czech Telecommunication Office