The exceptional consumer protection measures in the face of the COVID-19 pandemic, which have been in force since January 1st, will end on June 30th. As of June 30, the ban on telecommunications operators to suspend the provision of services due to non-payment ends, when this is motivated by situations of unemployment, loss of household income equal to or greater than 20% or due to disease infection COVID-19. It will also no longer be possible, from the same date, for customers to request the suspension or cancellation of contracts without penalty for unemployment or loss of household income equal to or greater than 20% compared to the previous month’s income.
Considering the high volume of complaints registered about communications services during the COVID-19 pandemic and anticipating the end of the application of this legislation, ANACOM made a set of recommendations to companies providing electronic communications services, which sought to respond to the main problems that have come to the attention of this Authority. Namely that they did not charge penalties for late payment of invoices, that they relaxed the conditions of renegotiation of contracts at the initiative of consumers due to financial difficulties arising from the COVID-19 pandemic, facilitating the reduction of contracts according to judgments of equity, among others . See the full set of recommendations atANACOM makes recommendations to communications companies to improve customer satisfaction .
ANACOM believes that electronic communications companies are aware of the importance of these services for all citizens in the period in which we live and that they will find, together with their customers, solutions that avoid the suspension of services and the over-indebtedness of the families they face economic difficulties or restrictions arising from COVID-19 infection.
As of July 1, 2021, the general rules provided for situations of suspension of services due to non-payment and cancellation of services are fully applicable, with the possibility of suspension of contracts on the initiative of consumers not being legally provided for .
Thus, if consumers do not pay for electronic communications services from this date onwards, the operator may suspend them, even if they are unemployed, there is a loss of household income or infection by the COVID-19 disease, provided that ensure compliance with the following rules:
- issue written notice to the consumer within 10 days of the invoice due date;
- grant an additional period of 30 days for payment of amounts owed;
- specifically indicate in the notice the consequences of non-payment – suspension or cancellation of the service;
- inform in advance the means that the consumer has at their disposal to avoid the consequences of non-payment.
In case of suspension of the contract for the provision of electronic communications services, the consumer can proceed with the payment of the amounts owed or enter into a written payment agreement with the company providing the services. In these cases, the provider must immediately restore its service or, when this is not technically possible, within five working days from the date of payment or the conclusion of the payment agreement. Failure to pay any of the installments agreed in the payment agreement necessarily entails the cancellation of the service, with eight days’ prior written notice to the consumer.
After 30 days of suspension of the service without the consumer paying all the amounts owed or not entering into any written payment agreement with the provider, the service is canceled and, if a loyalty period is in progress, there may be room for payment of the penalty that is contractually provided for its non-compliance.
If consumers are unable to pay for the communications services they have contracted, they must promptly disclose their situation to their operator and ask for a payment plan tailored to their needs.
They can also obtain advice from the GOEC – Consumer Indebtedness Guidance Office – located at Rua do Quelhas, no. 6, 1200-781 Lisbon, by e-mail gac@iseg.utl.pt , telephone 213925942 and fax 213967971 -, which results from a protocol between the Directorate-General for Consumers and the Higher Institute of Economics and Management (ISEG) and aims to provide information on matters of credit and family budget management.
If they find it difficult to resolve these situations with their operator, consumers can also send this information to ANACOM, which will assess the need to adopt measures to amend legislation, issue recommendations or monitor the conduct of companies in this matter.