Pontevedra Commercial Court No. 1 declared abusive Practices of the telecommunications company “Orange” involving the inclusion of consumers in the inheritance solvency files for debts claimed after the termination of the contractual relationship (because customers unsubscribe or switch to another operator) When these consumers oppose their payments without enduring previous non-payment of their debts to the company or without being included in their financial liability files due to the risk of default or default in performance, the liabilities become money.
The judge thus partially confirmed the claim. filed by the Public Prosecutor’s Office Orange instructed Espagne and the abusive practices described to stop immediately and refrain from repeating them in the future. He also ordered him to pay for the decision to be published in the most widely read newspaper, according to the General Media Survey. There are affected consumers across Spain. In the event that the President of the Commercial Court No. 1 of Pontevedra repeats the prohibited practices of abuse, as determined in the decision, A compelling fine of 60,000 euros will be imposed for each iteration.
In the non-final sentence, because it can be challenged before the State Court. Pontevedra highlights that the company has included former clients in its capital solvency files “For refusing to pay an invoiced amount only, regardless of the reason for the objection to payment”. Therefore, it is notable that Orange continues to “include their data in asset payment files, as usual, for non-payment with ex-customers who have already exited their services, even if they provide those services in a defective manner.” Debts demanded when the contractual relationship with them ends, even though these clients have never paid any other debts before”. He also adds that in most cases, this happens. small debts
“We are faced with abusive practices consisting of illegitimate pressure to repay disputed debts to those affected,” said the judge from Pontevedra. said
“When the debt is not legally claimed, the affected person has never been in default or has not previously been included in follow-up files by other creditors.there is no real reason to doubt the solvency of the inheritance, Nor can it be regarded as someone who is at risk of negligence in fulfilling its monetary obligations in general,” and concludes that people in this situation should be included in these files. “The real purpose may be to discredit Orange through vendettas to oppose payment of a debt it deems legitimate, or to serve as a means of pressure to comply with the company’s demands. and continue to pay off the debt, the origin of which they initially discussed.”
Thus, it affects “We are faced with abusive practices consisting of illegitimate pressures to pay disputed debts that violate the most fundamental rights of consumers. (including the fundamental right to dignity in general)”. The judge concluded that the purpose pursued by including clients’ personal data in the financial debt settlement files was “to inform users of such files about the solvency of the persons whose data are included, guilt, however, the non-payment of the debts in the file or the alleged debts in order to induce the affected persons to pay.” Emphasizing that “it cannot be accepted as a legitimate aim,” the judge finally reminds that: It has been confirmed by the case law of the Supreme Court.