Consumer's rights will be reformed

Chapter 7 of the Communications Market Act concerning user's rights was amended by a new act adopted on 1 September 2006. In contains many amendments to the consumer's situation, the most important of which are presented in the following. The amended act will take effect on 1 March 2007.

The scope of application of the Communications Market Act enlarges

The scope of application of the provisions on the user's rights has been expanded so as to cover for instance broadband connections as well. The present provisions mainly apply to telephone network subscriber connections only.

Defect and delay in communications services

Definitions of defect and delay in communications services and provisions on sanctions have been added to the Act. Standard compensations to which the consumer is entitled due to defect and delay in communications services are laid down in the Act. For instance in case of delay the compensation will be 5 euro for each week of delay up to 120 euro in total.

Illegal use of a communications service

A provision of illegal use of a communications service has been added to the Act, where the responsibilities between the user and the operator are defined for instance in case of a theft of a mobile phone or a modem hijack. The consumer is responsible for costs incurred only in case his/her negligence has been more than minor.

FICORA's competence

According to the amendment, FICORA's competense will expand in a way that FICORA will be entitled to control the telecommunications operators' application of terms of agreement in view of consumer protection. FICORA's competence in this respect will be parallel to that of the consumer ombudsman.

Other amendments

In connection with the amendment, the provisions on the minimum contents of an agreement on communications services were also revised and a telecommunications operator's right to close a subscriber connection due to unpaid invoices. The bill concerning amendments to consumer protection (HE 231/2005) and the related report of the committee of transport and communications are available at the website of the Finnish Parliament.