DNA must rectify its contract information service to comply with the law

As from the beginning of this year, consumers must have been provided with the opportunity to check the duration of their fixed-term mobile subscription contracts by sending the message ‘SOPIMUS’ (or ‘ABONNEMANG’ in Swedish) to the number 18321. The service must immediately send a response with the end date of the fixed-term contract in question. Consumers can use the service, for example, if they receive an offer from another telecommunications operator and consider changing service providers.

DNA required its customers to give separate consent to allow the service before they could use it. This means that the service has not been easy to use and immediate in the sense required by law.

Traficom upholds consumers’ right to an easy-to-use SMS service

Traficom wants to ensure that the customers of all telecommunications operators have an equal opportunity to check the end date of their subscription contracts via a service that is free of charge, easy to use and immediately provides the requested information. Traficom issued a decision requiring DNA to end its practice of requiring separate consent and imposed a running conditional fine to enforce the obligation. The Administrative Court rejected DNA’s appeal this summer, and the Supreme Administrative Court did not grant the company leave to appeal. DNA was unhappy with the outcome and, as it had exhausted ordinary means of appeal, the company resorted to an extraordinary request for review, requesting the Supreme Administrative Court to annul the decisions made by Traficom, the Administrative Court and the Supreme Administrative Court. The Supreme Administrative Court rejected DNA’s request, thereby giving a final decision in the matter.

DNA must ensure its service complies with the law by 9 December 2022

The Supreme Administrative Court’s decision means that DNA’s customers will be provided with a possibility to easily check the duration of their subscription contracts. If DNA fails to change its service to comply with the requirements of the law by 9 December 2022, Traficom will impose a conditional fine of EUR 100,000 on the company and, after 23 December 2022, an additional fine of EUR 50,000 for each full period of two weeks until DNA fulfils its obligation.

Traficom wants to ensure that the customers of all telecommunications operators are provided with an easy-to-use service for checking their contract duration. “All consumers must have an equal opportunity to easily and immediately check the duration of their subscription contracts free of charge. Being able to shop around and compare services gives consumers more choice and may result in considerable savings,” says Deputy Director-General Jenni Eskola.

Traficom supervises that telecommunications operators provide the service as required by the law.