Facebook users are increasingly complaining about this problem. There is a reaction from the Office of Competition and Consumer Protection

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The President of the Office of Competition and Consumer Protection brought charges against the company managing the Facebook and Instagram platforms. This is related to the difficulties users encounter, e.g. when their account is taken over.

The President of the Office of Competition and Consumer Protection (UOKiK) brought charges against Meta Platforms Ireland Ltd., the company managing the Facebook and Instagram platforms. The Office of Competition and Consumer Protection indicates that by creating an account and using the services of these platforms, the user enters into a contract with the owner. When a problem arises, e.g. account takeover, payment dispute or loss of access to a service, a natural expectation is to be able to contact the platform quickly and directly.

Meta with accusations. The reason is problems for Facebook and Instagram users

Meanwhile, consumers with problems with their accounts on social networking sites can, in practice, only be contacted via electronic forms, which makes effective communication difficult.

An entrepreneur concluding a distance contract with a consumer, at the latest when he expresses his will to be bound by such a contract, has a legal obligation to inform him in a clear and understandable way about effective contact channels, including e-mail address and telephone number. – emphasizes the Office.

The entrepreneur’s obligation is a consequence of Art. 12 section 1 point 3 of the Consumer Rights Act.

If an entrepreneur makes money from platform users – either through displayed ads or through a paid version without ads – he or she is obliged to provide them with a real possibility of contact. The consumer has the right to quickly explain the problem, file a complaint, report a violation or an urgent matter related to account security – and not bounce around links or subsequent forms. Information on how to contact the company quickly and effectively should be provided simply and legibly at the latest when concluding the contract. We have serious doubts whether this is the case with Meta – emphasizes Tomasz Chróstny, head of the Office of Competition and Consumer Protection.

The Office notes that the regulations of Facebook and Instagram – which constitute the content of contracts with consumers – do not provide an e-mail address or telephone number for contact with the entrepreneur. Instead, users are directed to the help center and ticket forms. The problem is that the forms cover only some of the possible situations or do not allow for real dialogue, guaranteeing effective intervention by the supplier. The consumer often does not receive a copy of the sent notification by e-mail, which makes it difficult to later prove what the complaint was about and when it was submitted, which may be important when exercising consumers’ rights.

Severe penalty for the company

It also happens that feedback does not come or is insufficient, and when sending materials, there may be restrictions on the number, size or format of attachments. Even if special forms are available for selected cases, e.g. for account takeover, this does not solve the problem of the lack of clearly indicated, quick channels of contact with the entrepreneur.

If the allegations are confirmed, Meta will face a financial penalty of up to 10%. annual turnover.

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