Rättspraxis

Unfair Commercial Practices Directive, Chapter 1, Article 2, (k) Price Indication Directive, Article 2 Price Indication Directive, Article 3, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Price Indication Directive, Article 3, 4. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (b) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1.

An omission to provide price information for directory enquiries services by telephone and text message in connection to the consumer's use of the service is deemed misleading as well as unfair market practices as it is considered to affect the consumer's ability to take an informed transactional decision.

The defendant is a provider of directory enquiries services by telephone and text message to consumers. The service is subject to different fees which are shown on, inter alia, the defendant's website. The service is advertised on different mediums, among others on the defendant's website.

The price for the directory enquiries service is provided on the website. In other marketing channels such as radio, TV and outdoor advertisements, the defendant provides limited price information and/or refers to the full price information on its website. No price information is provided when consumers use the directory enquiries service by telephone or text message.

Does an omission to provide price information about a directory enquiries service by telephone and text message in connection to the consumer's use of the service constitute misleading omission?

The court imposes the defendant, under the penalty of a fine, to state the cost for the directory enquiries service when providing the service by telephone and text message to consumers, if the consumer requests it. The price information shall then be given after the consumer has made a directory enquiry, but before the defendant replies to the enquiry, and shall be clear and understandable.

The court firstly states that the defendant provides price information on its website and in advertising, however not when a consumer wishes to purchase the service and contacts the defendant by phone. It is clear that the consumers which are contacting the defendant understands that a fee will be charged for each phone call or text message. However, the consumer will not be able to fully view all prices that are applied by the defendant from time to other, especially if the defendant's different services are subject to different fees. Considering that the fees for the service are not insignificant, the court finds that it is of importance that price information is provided in such manner that the consumers practically can receive such information.

The court states that it is generally known that directory enquires services often are used in situations when there are no other, or very limited ways of obtaining the requested information. Thus, the fact that price information is provided on the defendant's website is not sufficient to fulfil the consumer's need to receive such information. The court finds that the price information must be provided after the consumer has made a directory enquiry, but before the defendant replies to the enquiry, in order to fulfil the consumer's need for such information.

Price information shall be given when providing a service to the customer. The stated omission to provide price information is considered misleading advertising and constitutes unfair marketing practices.

URL: http://www.marknadsdomstolen.se/Filer/Avgöranden/Dom2016-1.pdf

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The plaintiff's request was granted.