(1) The Italian Competition Authority firstly ascertained that the defendant had misled consumers that were only visiting defendant's website with the purpose of a free software download, by falsely promoting the non-paid character of the services provided.
The Authority further held that the defendant breached the prohibition on misleading commercial practices by activating the subscription to a paid-for service without giving the consumers the necessary information required to take an informed transactional decision, such as information on the terms and conditions and the binding nature of the contract.
(2) Moreover, the Authority also held that the defendant has committed an aggressive commercial practice, consisting in the refusal to terminate the contract which the consumers were induced to subscribe following the misleading advertisement, whilst the termination right was lawfully exercised within the minimum term set out by mandatory legal provisions on distance contracts. It also constitutes an aggressive commercial practice, according to the Authority, to repeatedly request undue payments combined with threats of legal actions.
URL: http://www.agcm.it/consumatore--delibere/consumatore-sanzioni/open/C12560D000291394/C55B4942C3723FB2C1257981004A4E88.html
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