Case detailB a c k
Article 5 2.
Article 5 4.
Article 6 1.
|National ID||Decision no. RBG-20/2010|
|Common name||Decision type||Administrative decision, first degree|
|Court||Prezes Urzędu Ochrony Konkurencji i Konsumentów, Delegatura w Bydgoszczy||Plaintiff(s)||Prezes Urzędu Ochrony Konkurencji i Konsumentów|
|Court translation||The President of Ofiice for Competition and Consumer Protecion, Delegature in Bydgoszcz||Defendant(s)||Natan Zieliński conducting business activity under name “PRONATAN” with its registered office in Kraków|
|Keywords||false impression, misleading commercial practices, misleading price, price information|
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Advertising an online service with a specific price while in fact this price only applies when a particular payment system is used, and the consumer is only informed about this condition by a statement at the bottom of the webpage in small font size, constitutes an unfair commercial practice.
The defendant operated a website through which consumers could check the probable date of their death. The defendant stated on its website: “Check out the date of your death for PLN 1.00 (PLN 1.22 including VAT)” together with a number to which a text message should be sent.
Does advertising a service for a specific price, while in fact this price only applies on the condition of making use of a particular payment system and the consumer is informed of this condition only by a notion at the bottom of the webpage in small font size, constitute an unfair commercial practice?
The President stated that it is the trader’s obligation to provide price information of offered services and that the consumer has the right to know the price.
|URL Decision||Decision full text|
The President ruled that the defendant had breached the prohibition on unfair commercial practices and violated article 5 section 1 and 2 point 2 in connection with article 4 section 1 and 2 of the Unfair Commercial Practices Act and article 24 section 1 and 2 point 3 of the Competition and Consumer Protection Act.
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