UOKiK uderza w Paypal. Polacy dostaną pieniądze
Prezes UOKiK wydał dwie decyzje zobowiązujące wobec PayPal Europe. Firma stosowała niedozwoloną klauzulę modyfikacyjną w umowach z polskimi klientami oraz nieprawidłowo informowała o zmianach opłat. Spółka...
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"The Office of Competition and Consumer Protection (UOKiK) is cracking down on PayPal. Poles will receive their money.
The President of the Office of Competition and Consumer Protection (UOKiK) issued two binding decisions against PayPal Europe. The company used an unlawful modification clause in contracts with Polish customers and incorrectly reported fee changes. The company agreed to cease the disputed practices and refund the fees collected, along with compensation for affected users.
PayPal, one of the most popular online payment services, has come under scrutiny by the Office of Competition and Consumer Protection (UOKiK). During the investigation, it was determined that the company unilaterally introduced changes to fees based on an unfair modification clause. Users complained particularly about the account inactivity fee introduced in 2020.
The President of the UOKiK challenged a provision used by PayPal Europe since December 2019, which stated that the company "may from time to time amend this User Agreement and other documents." This wording gave the company virtually unlimited freedom to modify the terms of the agreement, which violated consumer interests.
Additionally, the UOKiK questioned the manner in which customers were informed of the changes. PayPal did not provide information on a durable medium, as required by law. UOKiK President Tomasz Chróstny emphasized that "consumers should not be surprised by changes to agreements, especially when these changes entail higher costs."
Compensations and Refunds for Polish Users
As part of the binding decision, PayPal will no longer apply the disputed modification clause or the changes introduced in January 2019. This includes new fees for inactivity, withdrawals to a US bank account, and increased currency conversion fees.
Polish PayPal users will receive a 150% refund of fees charged during the period of validity of the disputed contractual provisions. Current account holders will receive the refund and compensation automatically in their accounts within 10 months of the UOKiK's decision becoming final, without the need to take any further action.
Those who no longer have a PayPal account will also receive the funds owed to them. The company has agreed to contact them regarding this matter within the same 10-month period from the decision becoming final. Additionally, all consumers will receive a periodic reduction in the exchange rate.
The Importance of a Durable Medium in Contracts
The UOKiK explained why notification of changes to a contract must be made via a durable medium. Simply posting a document on a website or in an application does not guarantee that it is the same version of the file that was originally posted there. Businesses have the technical ability to modify the content of their website at any time.
A durable medium includes, among others, a paper document, a memory card, a flash drive, an email message, or an attached PDF file. A hyperlink to a website alone does not meet these requirements. A durable medium must meet three criteria: the impossibility of making changes, immediate access to the content in a timely manner, and the uninterrupted reproduction of the content.
It is worth noting that the UOKiK's decisions are not yet final and may be appealed to the court. This is not the first time the office has taken action against PayPal Europe – last year, the President of the UOKiK imposed a fine of nearly PLN 106.7 million on the company for using prohibited clauses in consumer contracts."
