Jazztel charged a customer 4 penalties for asking to unsubscribe from their services due to several issues

After FACUA Euskadi's involvement, the case was resolved. One of the penalties resulted from keeping a phone that the customer never actually received.

Jazztel charged a customer 4 penalties for asking to unsubscribe from their services due to several issues

Jazztel issued four penalties, that amounted 489 Euros, to a customer that chose to unsubscribe from both the mobile and the landline telecommunications services offered by the company after having been subject to multiple distinct breaches and not receiving a response to previous queries. After filing a complaint, asking the company to drop the initial charges, the company obliged for two of them but added a fourth one. The case has finally been resolved thanks to FACUA Euskadi's involvement.

The Orange group's company did not only apply the fines that affected the contractual cancellation policy even though it occurred as a result of contractual breaches but also dodged their obligation of allowing users to unsubscribe without any kind of fine when solicited within 14 days of signing the contract. The worst part was that one of the charges applied was for the maintenance of a mobile phone that the customer never actually received.

A mobile phone never received

The facts all point to September 2017, when Ainhoa A.I., Urdiáin resident, accepted Jazztel's offer, given so that she would not stray to another company for the same services. In addition to improving the conditions of her services' package, the company also offered a mobile phone at a subsidised rate, but the user never received the phone. Furthermore, the following month she began to experience problems in regards to accessing the internet and making and receiving phone calls; the company was no help.

Above all, Ainhoa decided to unsubscribe from Jazztel's services at the end of September, and to her surprise, in October 2017 she received a bill that stated she had received three fines for not complying with her contractual obligations: one for 125 Euros, another for 40 Euros for the suspension of two mobile lines, and a third for 79 Euros for the discount that the company had applied to the price of the phone that they had not even sent.

The consumer then contacted the Department for Tourism, Commerce, and Consumption in Navarra in order to cancel the two fines. After that, Jazztel cancelled the fines, imposed for the customer having unsubscribed from the mobile line services, noting that they had caused the issues in the first place "within the withdrawal period". However, they declined to remove the fine for 79 Euros, supposedly acquired for keeping the mobile phone that actually they had not even sent. The absurd argument that the company used was that when the unsubscription was requested, it was "out of the 14 day withdrawal period". Despite that, the Navarran consumption authority avoided the topic and did not open a sanction file against Jazztel.

After the fourth fine, the user contacted FACUA Euskadi

Jazztel decided to make matters worse and imposed a fourth fine on Ainhoa's account, this time for having unsubscribed from the fixed line services. This fine was a lot higher than the others, amounting to 245 Euros, and so in January 2018, the customer decided to contact FACUA Euskadi, asking them to defend her rights.

FACUA's legal team contacted the company, demanding they drop this fine as well as the 79 Euros for the phone that still had not arrived five months later. The company chose not to respond to FACUA's complaint and in fact gave Ainhoa's details to a payment claim company that threatened to include her name on the ASNEF fraud register.

FACUA passed the case onto the Navarra Arbitration Board of Consumption. Before the arbitration meeting was held, Jazztel contacted the Arbitration Board in an attempt to nullify their fines. In their written document, the telecommunications company stated that they had nullified the bill for the 79 Euros "after having checked that the device was never accepted by the client", in addition to the 245 Euros for unsubscribing to the fixed line.