(1) Appointing commercial agents to convince consumers by focusing on call rates per second while omitting details regarding other material elements (such as the cost of each connection, the amount of the payment by cheque, and the minimum monthly billing), is a material act, constitutive of the offense of "advertising likely to mislead".
In addition to said acts, advertising leaflets were sent to consumers' domiciles, without any indication of the head office of the company, the validity term of the commercial offer, or the existence of a right to withdraw. As a result, only fragmented information on the actually applicable rates was provided to consumers.
Furthermore, no details about the actual nature of the agreement could be easily found, because of the location of such information and the font used.
These elements constitute a violation of articles L. 120-1 and L. 121-1 of the French Consumer Code.
(2) The appellants did not ensure the accuracy of the advertising. The characterization of mens rea, as required by article L. 121-3 paragraph 1 of the French Criminal Code (intentional element), results from the knowing violation of a legal or regulatory obligation.