
The President UOKiK has issued decisions binding against mPay and Revolut Bank UAB. The companies will settle with consumers from their reductions and make other benefits available to customers.
- President UOKiK probably apply practices that may violate the collective interests of consumers by mPay – provider of mobile payments and Revolut Bank UAB (formerly Revolut Payment UAB).
- Both traders did not deliver on permanent media information about proposed changes to contracts for payment services concluded with consumers.
- Not they also have in their contracts relevant modification clauses allowing to modify them.
- Proceedings have concluded with the issuance of decisions involving. Authorized consumers will receive refunds of unjustly charged fees and compensation.
Information about the change of the contract for payment service in the Regulatory Purse and introducing higher fees the company mPay has made available to customers in email, in which had a link to internet site. After visiting the link consumers could download the contract after changes in form file pdf. Additionally the company did not transmit the consumers correctly the list of information required in accordance with art. 27 of the law on payment services, because it also exclusively accessed it on its website on the internet. As the President of the OCCP indicated, the transmission of the above information was in incorrect form, because the internet website of mPay does not constitute a persistent medium.
A similar practice has been questioned in the case of Revolut Bank UAB, which informed its customers of changes in regulations and new fees through a email with a link to the website on the internet. Only from this consumers could download documents in form pdf.
Change contract in writing, not in email
– Important issues related to the contract for payment service and any changes of it must be transmitted in form, which guarantees the persistence and unchangeability of the content, and also direct access to them without time limitations. This is a guarantee, that the entrepreneur will not intervene, and the consumer will be able, in when needed, invoke his rights – says President of the OCCP Tomasz Chróstny.
Thus, the possibility of downloading the document from the internet website or application – which does not fulfill the qualities of a durable vehicle – does provide confidence, that is that is the same version of the file, thatwas there originally posted. Entrepreneur has the technical ability to modify the content and the content of his website. Between sending the email with the link and downloading the document file can be changed or removed. Thus the law requires the delivery to consumers of essential information on permanent media protected against interference from the sender. This persistent media may be recognized as, a paper document, a memory card, a flash drive, a email or an attached to it a file, for example. in format pdf. The hyperlink by itself directing to the internet website does not meet the permanent media requirements, if this type of internet website does not meet the permanent media requirements.
Clauses modification
The correct form of delivery information is not all. In order for the entrepreneur to make modifications in the contract for an indefinite time there is also an appropriate modification clause, which conforms with the rules precisely and unambiguously indicates the specific circumstances conditioning such modification. As established by the President of the UCC, company mPay – in service not subject to the regulations of the law on payment services -. without relevant contractual agreements it unilaterally changed Regulations of Application mPay and charged its customers new or increased fees.
The OCC imposes refund and compensation to customers mPay and Revolut
according to decisions by the President of the OCC mPay and Revolut Bank UAB refund to eligible consumers automatically the amounts, which have been overpaid by theircustomersas aresultofincreasesorintroductionofnewcharges.Thereimbursementofchargeswillbeallowedalsobyformercustomersof bothcompanies,asandinactiveusersofApplicationmPay.Bothcompanieswillalsooffertoeligibleconsumerstemporaryconveniencesincompensation. IncasemPay-freemonthlyplansubscription”GOLD”,aforusersofRevolutBankUAB-freeupgradeofcurrentplan,ainsomecasestheenrichmentoftheaccountequivalentofthemonthlysubscription fee,aalsoadditionalcashbackfordonepurchases.Detailsofthecommitmentsareincludedindecisions(mPay, RevolutBankUAB).
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