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Case detail

B a c k

Directive article Article 7 1.
National ID Ombudsman of the Consumer 1st of April 2013 (Νo of protocol 8377)
Country Greece Decision date 01/04/2013
Common name Decision type Other
Court Συνήγορος του καταναλωτή Plaintiff(s) Unknown
Court translation Ombudsman of the Consumer Defendant(s) Unknown
Subject advertisement
Keywords limited availabilitymaterial informationmisleading omissionsomissionproduct characteristics

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Headnote

Omitting to inform the consumer on the conditions which must be met in order for the consumer to be eligible to enjoy a promotional discount, constitutes a misleading commercial practice.

Facts

The Ombudsman of the Consumer received a complaint, in which the plaintiff claimed that following a promotional telephone call of an associate of the defendant, a telecom operator, he accepted to execute a new contract of telephone services for a new program with that defendant. This would have provided the plaintiff with an extra discount to his monthly standard fee.

However, the defendant didn’t inform the plaintiff, prior to the execution of the new contract, about the applicable restrictive terms and conditions on the discount offered for this new program.

Additionally, the plaintiff argued that this discount was broadly advertised by the defendant using diverse advertising means (press, Internet, television) without any reference to the those restrictive conditions.

The defendant answered that in order for a consumer to enjoy the offer, the consumer needed to comply with the conditions specified in the general trade policy of the defendant in relation to the specific types of programs within that exact time period.
 

Legal issue

Does omitting to inform the consumer on the conditions which must be met in order for the consumer to be eligible to enjoy a promotional discount, constitute a misleading commercial practice?

Decision

The Ombudsman held that it is very important for the consumers to be properly informed about the exact pricing policy of any future services in order to safeguard security and trust within the transactional environment.

It further stated that the absence of specific details regarding the restrictive terms and conditions applicable to the services offered may distort the transactional behavior of many consumers.
 

  URL Decision Decision full text
EL http://www.synigoroskatanaloti.gr/docs/reports/2013-04-01.%CE%A3%CF%85%CF%83%CF%84%CE%B1%CF%83%CE%B7-telco.pdf
EN N/A

Result

The Ombudsman of the Consumer recommended to the defendant to include to the content of its promotional activity the relevant conditions in order to enjoy the discount and asked the defendant to notify the Ombudsman in writing, within 15 days, if it accepted the present recommendation.

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