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WindTre was fined again by the Antitrust and this time will have to pay 5 million euros for violating Article 65 of the Consumer Code introducing an increase of 2 euros which had the connotations of a contractual modification, even if it was cleverly disguised as an additional option. The decision was shared by the ADUC in these hours, the same body that had given life to the report.
It all started with the introduction of a service called “voice and internet” for customers holding a SIM card with mobile traffic, the cost of which was 2 euros. Apparently, thoughthe activation of the service took place without a real consent and between December 2021 and May 2022, the increase was introduced in two stages to some 11 million people.
For all these people the offer could have remained unchanged, but to do so it was necessary to send a specific Windtre SMS or withdraw from the contract or change operator, as required by law and without penalties or additional costs, respectively within 30/60 days from the communication of the variation.
The crux of the matter would be precisely this, namely that the increase was introduced as an ancillary service and with implicit consent, going to clash with what is stated in Article 65 of the CdC. This automatism would have allowed WindTre to enjoy extra income even from customers who are not interested, but who have not thoroughly read the information message attached to the increase, or even all those who would have wanted to eliminate the option but perhaps have made a mistake in responding to the ‘SMS to refuse.
An opaque mechanism of silent assent that has often been used by telephone companies in recent years, and which unfortunately almost never provides for an adequate penalty for malpractice. The same Aduc defines “bruscolini” the money requested as a penalty, since in the face of a fine of 5 million euros, the 2-euro option requested from users would have generated additional income of between 90 and 225 million euros. The ADUC makes it known that the fine applied is the maximum required by law, therefore without legislative intervention, it will be very difficult to entice telephone companies to behave more correctly.
The ADUC strongly recommends to those who have suffered the increase of 2 euros, of proceed with the refund request by sending a registered letter with return receipt with explicit reference to the Antitrust ruling. More details in the source and in the street, where you can read the complete sentence and find all the data necessary for the request for compensation.
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