consumer rights s of f“mis- -selling” ” in the ict sector r · in the ict sector r in the...

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T T h h e e c c a a s s e e o o f f m m i i s s - - s s e e l l l l i i n n g g C C o o n n s s u u m m e e r r R R i i g g h h t t s s i i n n t t h h e e I I C C T T S S e e c c t t o o r r In the Serbian market, we experience nowadays an exponential growth of the ICT market, with a special emphasis on the mobile telephony and broadband. Use of mobile phones and internet is considered part of citizens’ everyday life. Consumers benefit from a competitive market for fixed, mobile and broadband telecoms which in- creasingly offers them lower prices and more choice. Competing services are offered to custom- ers via a number of different marketing channels, including direct mail, telesales, and doorstep sell- ing. However, there is also the potential, under certain circumstances, for abuse of these chan- nels. Consumers should be specifically well aware of the possibility of “mis-selling”. The term mis-selling describes a range of sales and marketing activities which are not fully transparent and / or are intended to mis- lead and therefore work against consumers' interests. NRA Logo NRA Address NRA Tel - Fax NRA U r l - Ma il This brochure is sponsored by Višnjićeva 8 11000 Belgrade www.ratel.rs

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In the Serbian market, we experience nowadays

an exponential growth of the ICT market, with a

special emphasis on the mobile telephony and

broadband. Use of mobile phones and internet is

considered part of citizens’ everyday life.

Consumers benefit from a competitive market for

fixed, mobile and broadband telecoms which in-

creasingly offers them lower prices and more

choice. Competing services are offered to custom-

ers via a number of different marketing channels,

including direct mail, telesales, and doorstep sell-

ing. However, there is also the potential, under

certain circumstances, for abuse of these chan-

nels. Consumers should be specifically well aware

of the possibility of “mis-selling”.

The term mis-selling describes a range of

sales and marketing activities which are not

fully transparent and / or are intended to mis-

lead and therefore work against consumers'

interests.

NRA Logo

NRA Address

NRA Tel - Fax

NRA U r l - Ma i l

This brochure is sponsored by

Višnjićeva 8

11000 Belgrade

www.ratel.rs

”Mis-selling” Possibilities Consumer Actions Several activities, performed by different operators, can be in-

cluded under the overall category of “mis-selling”. The most

important ones are listed below:

a. Subscription contracts terms & conditions: this is the

case when services and /or products advertisement does not

fully comply with the detailed terms & conditions sheet of the

offer.

b. “Slamming”: consumers are switched from one supplier to

another without their knowledge and consent. By receiving a

call, and without being well-informed, end-users are persuaded

by a different operator to switch from the existing one without

their direct approval.

c. Discount pricing time-horizon: consumers buy a product/

service when it is discounted, without being fully aware that the

discount pricing is valid just for a specific time-period and then

it is followed by the full-pricing scheme.

d. Quality of service warrantees: this is mostly relevant to the

broadband services, where operators advertise the maximum

download/upload rate without specifying what are the real ex-

pectations when the line is shared simultaneously by multiple

users.

e. Installation timings: consumers are misled with regards to

actual installation timings, when purchasing a specific service/

product. This results to consumers having to communicate mul-

tiple times with operators prior to actually receiving the service.

In order to restrict mis-selling phenomena, consumers

need to act both proactively and reactively, in case a mis-

selling event occurs.

Proactive measures

⇒ Thoroughly examine services/products’ service offerings and

detailed terms & conditions.

⇒ Be skeptical when being offered a very low-priced service/

product of high-quality; ask for more clarifications.

⇒ Contact RATEL to acquire more information on a certain ser-

vice/package.

Reactive measures

• Require from operators/service providers a “Codes of Practice”

on sales and marketing, if available

• Register a complaint with RATEL

• Use of legal actions, if deemed necessary

In general, consumers should take any possible action against

companies who are found to engage in irresponsible sales and

marketing practices.

The role of RATEL, as the national telecommunica-

tions Regulator, is to safeguard consumers’ inter-

ests and ensure that consumers’ rights are well pro-

tected.

In this context, RATEL is continuously monitoring

the electronic communications market and inter-

venes, when is needed, in order to restrict possible

marketing and selling practices’ abuse by opera-

tors. Consumers’ feedback is definitely considered

essential to enable RATEL to better identify any mis

-selling practices and resolve the issue respectively. Hence, consumers are strongly advised to contact

RATEL, through the following email, when faced

with mis-selling cases.

Email: [email protected]