Wanting to change mobile operators before the end of the minimum contractual period of use, questions about charges for services, or frustration over damaged or missing postal item are the most common reasons why lawyers at the Communications Regulatory Authority (CRA) have to deal with consumer disputes. More than half of such disputes were settled amicably last year. The CRA advises consumers on how some disputes can be avoided altogether.
“Consumers often believe that their right to terminate an agreement for the provision of electronic communications services is absolute, even if the agreement is for a minimum period of use. Consumers therefore consider that the operator is not entitled to impose contractual penalties for terminating the agreement before the expiry of this time limit. In other words, if consumers decide to terminate an agreement before the expiry of the agreed term, they are unwilling to assume the responsibility”, says Lina Rainienė, Head of the Legal and Consumer Protection Group at CRA.
What consumers need to know: if the agreement is terminated due to the fault of the operator, the consumer has the right to terminate the agreement without penalty, i.e. without having to pay the operator for the termination of the agreement before the end of the fixed term of use of the services. However, if the agreement is terminated at the consumer’s initiative without fault on the part of the operator, the consumer must pay the liquidated damages agreed in the agreement. For example, if you have a 24-month agreement with an operator where you receive certain monthly discounts on your monthly charges for services, equipment, etc., if you want to end your agreement before the agreed time, you will have to pay back the discounts.
“Unless, of course, the agreement says otherwise. It is therefore very important to read it before signing”, reminds L. Rainienė.
According to L. Rainienė, 57% of all consumer disputes in 2022 were resolved amicably – a compromise was found or the service provider agreed to the consumer’s claim.
Missing or damaged postal items
In the postal sector, consumer disputes usually arise from the loss of or damage to a parcel sent by a consumer.
“The only complaints that reach the CRA are those that consumers are unable to resolve amicably with the service provider,” stresses L. Rainienė and advises on how to proceed: “The most important thing to do when you receive a parcel or find it in the post office is to assess its condition. If you see that a parcel has been damaged or tampered with, you should complain promptly and take a photo of the parcel itself to show its condition.”
According to her, users of the postal service often do not pack parcels properly, so if a parcel arrives damaged, the CRA cannot oblige the service provider to pay for the damage.
When picking up a parcel from a courier, a person can refuse to accept the parcel and not sign. If they do sign to confirm acceptance, it is necessary to make clear comments in writing about any damage to the packaging of the parcel. Otherwise, if it is acknowledged that the parcel has been received and there are no comments, this means that the postal service has been provided properly.
Last year, the CRA dealt with 44 consumer dispute applications concerning the provision of public electronic communications services and postal services. Dispute handling statistics can be found here.
Updated on 2023-08-03