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Consumer cases under responsibility of AGCM 27 February 2013

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

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Consumer cases under responsibility of AGCM 27 February 2013

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  1. Consumer cases under responsibility of AGCM27 February 2013 Marina Catallozzi AGCM - Consumer Protection Directorate General

  2. Energy and manifacturing sector PS5538, Unsolicited E.ON supplies (23 October 2012 No. 24008) Claimers: 5 consumer associations + several consumers Case: unsolicitedelectricity and/or natural gas supplies to residentialcustomers on the open market: • on the basis of contracts with no consumer’ssignature or with fakesignatures; • giving, during the door to door sales, misleading information about: the purpose of the; • the obligationsstemming from the contract and the economic benefits arising from the choice of a new supplier; consumer’srights (especially the right of withdrawal). Numberof alleged and assessed commercial practices: 2. The supply of electricity and supply of natural gas, are two separate servicesthatsatisfydifferentneeds. The commitments set up by the trader during the proceedingswerenotacceptedasdeemedinadmissiblebecause the practiceswere aggressive "manifestlyunfair and serious". • Fines: 40.000€ (electricitysupply) + 20.000 € (gas supply).

  3. Bank and Postal Services Sector PS4755, BNL and CARDIF, Insurancelinked with the loan (25 July 2012, No. 23764) • Case: One of the mainItalianbank (BNL) grantedloansonlyif the consumers hadsignedinsurancepolicies, issued for the benefit / in favor of the samebank - to cover the risk of death, permanentdisability, totaltemporarydisability, seriousillness and loss of employment – while in the advertising and in the pre-contractual and contractualdocuments the insurancepolicieswereshownas optional. Also the advertising with the claim "3.99% Fixed Rate for 30 years", didnot show that the consumers in order to get the fundinghad to subscribe the insurancepolicies. • Besides, the General Conditions of Insurancepolicieshadunclear and unintelligibletermsconcerning the accrued premium refundable in case of the consumer discharges the loanbefore the date of expiry. • Number of alleged and assessed commercial practices: 2. Twodifferentproducts: on onehand the loan and on the other the mortgageinsurancecovered in separate contracts. Fines: BNL (bank) 200.000 € + 130.000 €; Cardif (insurance company) 100.000 € + 80.000 €

  4. Food and transport Sector • PS892 - RYANAIR (15 June 2011, No. 22511) Case: 1. Misleading advertising (press / trader’sItalian website) concerningflightsthatthe consumers couldnotfind and buy (fine: 110.000 €); • 2. Additionalcosts (i.e. for the web check-in, the credit card surcharge and VAT on domesticflights) werenotshown in the air fare, butwereautomaticallyaddedduring the online booking process (fine: 220.000 €); • 3. Lack or notworkingafter-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 trader’schoice and for passenger'schoice; lack of a toll-free phonenumber to contact the trader (fine: 90.000 €); • 4. The General Conditions of Carriage on the Italiantrader’s website werepublished in English (fine: 27.500 €); • 5. Additionalexpenses to be paid in case of date, time, passengersnames and flightsegmentschanges or in case of a reissue of the boarding pass at the airport (fine: 55.000 €). Numberof alleged and assessed commercial practices: 5.

  5. Food and transport Sector IP117, RYANAIR (30 May 2012, No. 23613) • Case: The trader didnotsubmit the compliance report withinsixtydays from the date of the notification of the previousdecision (No. 22511/2011) with regard to two (of the fiveassessed) commercial practices: 1] airlinefares on the homepage of the Italian website and thoseshowed in the online booking process, stilldidnot include administrativefeesas the credit card surcharge; 2] The sum charged to consumers asadministrativefee for claims (20 €) didnotchangefrustratinganyreimbursement. • Fine: 37.500 € + 15.000 €.

  6. Services Sector PS6903, Groupalia (18 December 2012, No. 24095) • Case: 1) misleading advertising with regard to: the availability of services and productsadvertised; the price, including the discount rate applied; Groupalia’sliability; 2) the sumspaid in case of unsuccessfullytransactionswerenotgived back to the consumers; 3) inadequatecustomerservice. • Moreover, LT S.r.l., the travel agency entrusted with the implementation, organization, booking and sale of the couponsrelated to tourismservices, didnotofferclear and transparent information aboutlimits, characteristics and conditions of the services and the way to use the couponspurchased. • Number of alleged and assessed commercial practices: 3

  7. Services Sector PS6903, Groupalia (18 December 2012, No. 24095) The case wasclosedwithoutinfringementas the AGCM accepted the commitments set up by the trader during the proceedings. The commitmentsconcerned: - some Terms of General terms and Conditions; - the implementation of the monitoringactivities on partnersincluding with control procedures ex ante and ex post, a black-list of lessreliablepartners; - a clearindication of anyrestrictions the couponsweresubject to; - the improvingboth the procedure for repayment of the amountspaid by the consumers and the procedure for managingcomplaints and repayments; - a clearindication of the way to contact the traders (email, phonenumbers) in order to get information about the availability of the products / services and to exercise the after-sale guarantees or to complain.

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