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Poland: UOKiK investigates text message lotteries

Poland
05/11/2010
Available languages: PL
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Internetq Poland, the organiser of a popular text message lottery called “Empty Text Message”, is the subject of new proceedings by Polish Anti-Monopoly Office (UOKiK). UOKiK will check whether the company has used unfair market practice by sending to participants text messages suggesting that they are certain to win a prize.

UOKiK is currently conducting proceedings in eight other similar cases. These resulted from numerous complaints by consumers about the lotteries, following which UOKiK looked at their terms & conditions, text message templates, winners’ lists and TV & radio adverts.

UOKiK’s opinion is that the adverts suggested that anybody sending a text message would win a prize whereas, in fact, only a few winners were drawn by the organiser. In many cases, it was also unclear how much it would cost the consumer to send a text message and take part in the lottery. UOKiK also monitors internet pages offering tests such as IQ checks. In order to receive the results of such tests, consumers have to send a text message whose cost is often both high and unspecified.

UOKiK is clear that consumers should always receive information that is reliable and not misleading about the terms of lotteries (including the cost of text messages) and should also be told where they can inspect the full terms & conditions. The non-disclosure or withholding of this information is illegal and is subject to a potential fine of up to 10% of the company’s last year’s turnover.

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