Telephony, Internet – How to react to rising prices – Advice

Has your carrier increased the price of your package? If this practice is not illegal, the professional is obliged, to apply it, to respect certain rules. Here’s everything you need to know about forced rate hikes.

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These answers are only valid for rate changes initiated from May 28, 2021, the date of entry into force of Ordinance no. 2021-650 of 26 May 2021 transposing the European Code of Electronic Communications.

Is my operator entitled to increase the price of my subscription without my consent?

Yes, as long as you notify us of this change at least 1 month before it takes effect and you inform yourself that you have a period of 4 months from the notification to terminate your subscription without expenses or penalties. In the event that your operator has not complied with these obligations, you have the right to challenge the application of the new tariff and to demand that the initial offer be maintained. To do so, please do not hesitate to contact customer service, preferably by certified letter with acknowledgment of receipt (see our standard letter Modification of the offer). If this process is not successful, you can send a letter to the customer service and, if necessary, contact the mediator designated in your contract (most often the electronic communications mediator).

If you need help, feel free to contact your local UFC-Que Choisir association.

Article L. 224-33 of the Consumer Code in its version in force since May 28, 2021, article 1103 of the Civil Code

I notice that my subscription has increased while I have not received any prior information on this topic. What are my options?

However, it is assumed that your operator had to inform you of this increase at least 1 month before its entry into force and that you had 4 months from this information to terminate your contract without costs or penalties. . Feel free to check your emails, SMS, letters as well as check your personal space. If this information obligation has not been complied with, the operator cannot impose the application of its new pricing conditions on you. You have the right to demand that your initial rate be maintained.

In practice

  • Feel free to use our standard offer modification letter and send it, preferably by certified mail with acknowledgment of receipt, to your carrier’s customer service department. Your contact information must be specified in your contract and on your invoices.
  • If this process fails, send a letter to Customer Service.
  • If this new approach is unsuccessful, please contact the mediator designated in your contract. This is most often the mediator of electronic communications.

If you need help, you can contact your local UFC-Que Choisir association.

Article L. 224-33 of the Consumer Code in its version in force since May 28, 2021, article 1103 of the Civil Code

Has my carrier informed me of changes in the price of my subscription in my personal space, in the messaging service attached to my subscription, or via SMS, is that enough?

The operator is obliged to inform its subscribers of any change in tariff in one way “clear and understandable” i “on a durable medium”. In the sense of the European Directive no. 2011/83, of 25 October 2011, constitutes a lasting means. “Any instrument that allows the consumer or professional to store information that is addressed to him personally in a way that allows him to consult it later for a period of time appropriate to the purposes for which the information is intended and that allows the identical reproduction of the stored information “. It is clear that the media used must allow the message to be preserved and printed. Therefore, the operator has the right to transmit the information by e-mail. On the other hand, a message inviting the subscriber to consult their personal space online was considered insufficient and inapplicable (Court of Cassation, 1D civil room, 02/07/2014, n ° 13-18.062). It was also the case of an SMS (Antony local court, 12/03/2007).

Article L. 224-33 of the Consumer Code; Article 2, point 10) of European Directive No. 2011/83 of 25 October 2011; Article 102 of the European Directive n ° 2018/1972, of 11 December 2018

My carrier increased the price of my plan, although at the time of subscription, that price was guaranteed for life. Is it legal?

The fact of modifying the price of a plan during the subscription when it had to be guaranteed “for life” it can be considered a deceptive business practice. Feel free to take advantage of your carrier’s customer service in order to maintain your initial pricing conditions. You can also report this practice to the Departmental Directorate for the Protection of the Population, the operator responsible for this practice being exposed to criminal sanctions (fine and imprisonment). Be careful, though, because in practice, operators rarely commit to a “lifetime” rate.

Articles L. 121-2 and L. 132-2 of the Consumer Code

My carrier warned me of an increase in my data envelope that would be accompanied by an increase in the price of my package. But I have no use for these extra gigs. Can it be considered a forced sale?

Forced sale is defined by the Consumer Code as a practice in which a professional demands immediate or deferred payment for the goods or services he provides. “without having been pre-ordered”. Since the operator has, in this particular case, the right to make a unilateral modification of the contract, it seems that this practice cannot be considered as a forced sale. The Directorate-General for Competition, Consumption and Fraud Prevention (DGCCRF) considers that only the incorporation of a service other than an electronic communications service could lead to a forced sale, so that the increase in the volume of data is excluded. .

Article L. 224-33 in its version in force since May 28, 2021 and L. 121-12 of the Consumer Code

My carrier has added a payment option to my plan. It gives me the ability to turn it off through my personal space, but I can’t. What can I do ?

In the event that the operator gives the possibility to deactivate an option from the personal space, he is obliged to respect this commitment. If you are having difficulty, please do not hesitate to contact your customer service by phone to remove this option, then check your SMS and emails to verify that your account has been taken into account. application. Otherwise, send him a certified letter with acknowledgment of receipt, before the end of the waiver period. If this process is unsuccessful, please contact the customer service and, if necessary, the mediator designated in your contract. This is most often the mediator of electronic communications.

If you need help, feel free to contact your local UFC-Que Choisir association.

Article 1103 of the Civil Code

My operator informs me that my offer is no longer marketed and that in a month my subscription will change to another more expensive formula. Can I apply to keep my current offer?

Once your operator has fulfilled the conditions that allow it to unilaterally modify your contract, you cannot demand that your initial offer be maintained. You have no choice but to accept the modification or terminate your subscription (within 4 months of this information without charge or penalty). However, there is nothing stopping you from contacting customer service to see if you can benefit from another package that best suits your needs.

Article L. 224-33 of the Consumer Code in its version in force since May 28, 2021

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