Presentation on theme: "Consumer cases under responsibility of AGCM 27 February 2013 Marina Catallozzi AGCM - Consumer Protection Directorate General."— Presentation transcript:
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 consumers 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; consumers 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 / traders 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 traders 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 traders 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; Groupalias 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.