UOKiK: Enterprises must have consent from customers before the contact them
The Office of Competition and Consumer Protection (UOKiK) has imposed a fine on the company specialized in direct marketing. According to the Office, it has invited customers for trade shows without their consent to contact.
UOKiK has received complaints from customers about unwanted calls with invitations to trade shows. As a result, UOKiK initiated a proceeding. The Office determined that the company had ordered another firm to call consumers on its behalf and invite them to trade shows. However, it did not have their consent.
The President of UOKiK decided that the company which organized the shows violated consumers’ collective interests and imposed a fine of PLN 35,388.
The Office reminded that pursuant to Article 172 of the Act on Telecommunications Law every enterprise that calls consumers for direct marketing purposes or entrusts another company with this task should have their explicit consent to do so. It cannot be obtained at the beginning of the conversation. According to the law, enterprises must first obtain the customer’s consent for such a contact. Consumers should know to whom, for what purpose and to what extent they grant it.
The UOKiK’s decision is not final. The company can appeal.