Download Consumer cases under responsibility of the AGCM

Consumer cases under responsibility
of AGCM
27 February 2013
Marina Catallozzi
AGCM - Consumer Protection
Directorate General
Energy and manifacturing sector
PS5538, Unsolicited E.ON supplies (23 October 2012 No. 24008)
Claimers: 5 consumer associations + several consumers
Case: unsolicited electricity and/or natural gas supplies to residential customers on the
open market:
• on the basis of contracts with no consumer’s signature or with fake signatures;
• giving, during the door to door sales, misleading information about: the purpose of the;
• the obligations stemming from the contract and the economic benefits arising from the
choice of a new supplier; consumer’s rights (especially the right of withdrawal).
Number of alleged and assessed commercial practices: 2.
The supply of electricity and supply of natural gas, are two separate services that satisfy
different needs.
The commitments set up by the trader during the proceedings were not accepted as
deemed inadmissible because the practices were aggressive "manifestly unfair and
serious".
•
Fines: 40.000€ (electricity supply) + 20.000 € (gas supply).
Bank and Postal Services Sector
PS4755, BNL and CARDIF, Insurance linked with the loan (25 July
2012, No. 23764)
• Case: One of the main Italian bank (BNL) granted loans only if the
consumers had signed insurance policies, issued for the benefit / in favor
of the same bank - to cover the risk of death, permanent disability, total
temporary disability, serious illness and loss of employment – while in the
advertising and in the pre-contractual and contractual documents the
insurance policies were shown as optional. Also the advertising with the
claim "3.99% Fixed Rate for 30 years", did not show that the consumers in
order to get the funding had to subscribe the insurance policies.
• Besides, the General Conditions of Insurance policies had unclear and
unintelligible terms concerning the accrued premium refundable in case of
the consumer discharges the loan before the date of expiry.
• Number of alleged and assessed commercial practices: 2.
Two different products: on one hand the loan and on the other the
mortgage insurance covered in separate contracts.
Fines: BNL (bank) 200.000 € + 130.000 €; Cardif (insurance company)
100.000 € + 80.000 €
Food and transport Sector
• PS892 - RYANAIR (15 June 2011, No. 22511)
Case: 1. Misleading advertising (press / trader’s Italian website) concerning
flights that the consumers could not find and buy (fine: 110.000 €);
• 2. Additional costs (i.e. for the web check-in, the credit card surcharge and
VAT on domestic flights) were not shown in the air fare, but were
automatically added during the online booking process (fine: 220.000 €);
• 3. Lack or not working after-sales consumer care to get the refund of the
tickets (or of a part of them) in the case of non-use of the flight, both for
trader’s choice and for passenger's choice; lack of a toll-free phone
number to contact the trader (fine: 90.000 €);
• 4. The General Conditions of Carriage on the Italian trader’s website were
published in English (fine: 27.500 €);
• 5. Additional expenses to be paid in case of date, time, passengers names
and flight segments changes or in case of a reissue of the boarding pass at
the airport (fine: 55.000 €).
Number of alleged and assessed commercial practices: 5.
Food and transport Sector
IP117, RYANAIR (30 May 2012, No. 23613)
• Case: The trader did not submit the compliance report within
sixty days from the date of the notification of the previous
decision (No. 22511/2011) with regard to two (of the five
assessed) commercial practices:
1] airline fares on the homepage of the Italian website and
those showed in the online booking process, still did not include
administrative fees as the credit card surcharge;
2] The sum charged to consumers as administrative fee for
claims (20 €) did not change frustrating any reimbursement.
• Fine: 37.500 € + 15.000 €.
Services Sector
PS6903, Groupalia (18 December 2012, No. 24095)
• Case: 1) misleading advertising with regard to: the
availability of services and products advertised; the price,
including the discount rate applied; Groupalia’s liability; 2)
the sums paid in case of unsuccessfully transactions were
not gived back to the consumers; 3) inadequate customer
service.
• Moreover, LT S.r.l., the travel agency entrusted with the
implementation, organization, booking and sale of the
coupons related to tourism services, did not offer clear and
transparent information about limits, characteristics and
conditions of the services and the way to use the coupons
purchased.
•
Number of alleged and assessed commercial practices: 3
Services Sector
PS6903, Groupalia (18 December 2012, No. 24095)
The case was closed without infringement as the AGCM
accepted the commitments set up by the trader during the
proceedings. The commitments concerned:
- some Terms of General terms and Conditions;
- the implementation of the monitoring activities on partners
including with control procedures ex ante and ex post, a black-list of
less reliable partners;
- a clear indication of any restrictions the coupons were
subject to;
- the improving both the procedure for repayment of the
amounts paid by the consumers and the procedure for managing
complaints and repayments;
- a clear indication of the way to contact the traders (email,
phone numbers) in order to get information about the availability of
the products / services and to exercise the after-sale guarantees or to
complain.