Case detailB a c k
Annex I al2 31.
||National ID||Decision no. RPZ-30/2010|
|Common name||Decision type||Administrative decision, first degree|
|Court||Prezes Urzędu Ochrony Konkurencji i Konsumentów, Delegatura w Poznaniu||Plaintiff(s)||Prezes Urzędu Ochrony Konkurencji i Konsumentów|
|Court translation||The President of the Office for Competition and Consumer Protection, Delegature in Poznań||Defendant(s)||Internetq Poland sp. z o.o. with its registered office in Warsaw|
|Subject||games of chance|
|Keywords||aggressive commercial practices, black list, false impression, games of chance, prizes|
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The use of wording in communications sent to the participants of a lottery in a way that suggests the certainty of winning to those participants, while in fact the winners of the lottery are not known yet, constitutes an unfair commercial practice.
The defendant is a limited liability company for which the business activity mainly consists of organizing lotteries.
On the basis of the permission issued by the director of the Customs Chamber in Warsaw, the defendant organized a lottery called "Empty Text Message". The condition for participation was to send an empty text message to the number indicated.
Does the use of wording in communications sent to the participants of a lottery in a way that suggests the certainty of winning to those participants, constitute an unfair commercial practice?
The President indicated that the activities of the defendant were addressed to a wide group of recipients, since such communications were provided to all consumers that were included in the database kept by the defendant. The wording of the communications used by the defendant towards the consumers unambiguously suggested that the recipient of the message was the winner.
The commercial practice was found to be unfair.
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