Wednesday, March 23, 2011

Free ordered to stop the "illegal practices"

The Tribunal de Grande Instance of Paris, seized by the UFC-Que Choisir on Tuesday ordered the company Free to "stop a number of illegal practices" and to delete certain clauses considered "unreasonable" terms and conditions of sale its offer triple play (Internet, telephone, television) of its tariff and brochure on its website.

Judgement calls include Free to bring it into conformity its "modalities of perception delayed activation", a "semantic loophole [implement termination fees] and that the court has recognized as such," Nicolas J. Godfrey, lawyer UFC-Que Choisir quoted by Agence France-Presse. While claiming not to charge termination fees to its subscribers who leave the service, Free asks its customers to pay "costs of collection deferred activation", that is to say that the customer has to pay Opening line at the time of termination.

For UFC-Que Choisir, the decision "opens the possibility for consumers to dispute billings already made or those coming for those who terminate on the basis of the VAT hike." THE PAYMENT ALSO REFERRED The court also ruled that "the presentation of the payment method seemed confusing for consumers and guided to the direct debit," and that the surcharges apply when paying by check or credit card was unlawful.

Certain irregularities involved in the action begun in March 2010 having ceased, the court held that the action of UFC-Que Choisir was pushed to the removal of these terms. "If the plaintiff claims the association is partly moot, the fact remains that his action has achieved its goal of prevention and Consumer Protection, said the ruling in effect.

Free association shall pay the consumer the sum of 50,000 euros in damages. Questioned by the Iliad, the parent of Free (and whose founder, Xavier Niel, is a shareholder of the group Tech News Buzz) declined to make comment.

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