More than 820,000 NOS clients were affected by a unilateral change in contractual conditions related to the introduction of mandatory advertising in automatic recordings of the television service. Anacom, the telecommunications regulator, decided to apply a fine of 350,000 euros to the operator for considering that it failed to comply with the rules for communicating with clients. The decision, dated July 7, was disclosed on August 31.
The process specifically involves 821,641 subscribers and relates to the way the change was made and communicated, not just the introduction of advertising itself. The regulatory entity understood that NOS should have informed subscribers in writing and with a minimum notice of 30 days, including the proposal to change the conditions and the possibility of terminating the contract without any charge if the client did not agree with the new conditions.
The case comes in a broader context of enforcement by the regulator. In July, Anacom had already applied a fine of 160,000 euros to Vodafone for having unilaterally changed the contractual conditions of 448,236 clients without the required prior communication. The regulator has been analyzing the contractual changes made by telecommunications operators and the way these are communicated to consumers.
For the clients affected, the central issue relates to the change in television service conditions and the information that should have been provided before its implementation. Anacom considered that NOS failed to comply with the obligation to communicate the change at least 30 days in advance or to inform about the right to terminate without costs. The decision does not mean that all NOS contracts were changed in the same way.
