Supreme Court: consumers who return phone all-in-abo get money back

Feb

16

2016

The Supreme Court has ruled that if the court an agreement for the sale of a unit destroys at an all-inclusive subscription, consumers can return the device. The provider must then reimburse the amount paid.

The statement answers the Supreme Court a number of questions of a lower Dutch court on the consequences of the destruction of a credit agreement for the purchase of an all-inclusive subscription. In an earlier statement from 2014, the highest Dutch court had already established that subscriptions with a ‘free’ device actually exists on hire purchase. It resulted that the court can annul the agreement, if a consumer has entered into a subscription.

In today’s ruling, the Supreme Court this means in practice that the consumer must return the unit obtained and that the provider should refund the amount paid for the device. The phone must be returned in the condition in which he finds himself at the time of repayment, so even with some scratches and damage. The Supreme Court further states that consumers will not owe any compensation for the use of the phone. Also allows the judge that providers are breaking the law by calling an all-in price, so it is not clear to consumers what price now is actually paid for the device.

According to the organization Consumer Claims, which specializes in “mass claims’, users who have been through an all-in subscriptions in financial trouble use the recent ruling. This would also apply to persons who still pay the full price at the end of the subscription. It will benefit the question of how many people actually on the ruling, given that providers have now changed their pricing and advance more clear information. Consumers claim still investigating telephone subscriptions for which the statement is exactly relevant and which consumer groups can benefit even more of them.

Based on the ruling of the Supreme Court in 2014 did the Foundation Consumer and Telecom sector late last year to file a claim with the providers, which “free” handsets sold. The organization started before the ‘AfzetAbbo’ action, which will have 2930 participants, according to the website logged .

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