The Ministry of Transport and Communications has drafted a legislative proposal on prohibiting the telemarketing of mobile phone subscriptions and reforming the provisions on itemising invoices.

The Finnish Consumer Agency supports legislative intervention in problems encountered in the telemarketing of mobile phone subscriptions. The Finnish Consumer Agency/Consumer Ombudsman are examining the problems of telemarketing in the entire field of consumer services, however, and an initiative on prohibiting telemarketing was submitted to the Ministry of Justice earlier this autumn.

This initiative states that the number of problems would be significantly reduced if the prior consent of the consumer were a requirement for telemarketing, similarly to direct marketing by electronic means. The consumer could thus select the companies from which he or she wishes to receive telemarketing communications, thus giving him or her a possibility of being prepared for the marketing in advance.

As regards the legislative proposal of the Ministry of Transport and Communications, further, the Consumer Ombudsman did not consider banning the telemarketing of mobile telephone subscriptions alone a systematic solution for solving all problems related to the telemarketing of communication services.

Itemisation of mobile phone bills must improve

The Finnish Consumer Agency has for years called for improved regulation on itemising bills. There is a significant difference between the level of consumer protection offered to the payers of mobile phone bills compared to the standard of general consumer protection.

It must be possible for the consumer to check that the billing is correct, and the creditor must provide information on the grounds for the debt. This is about user rights and the means the users have for investigating irregularities in the invoices, in other words, the invoice issuer’s responsibility and obligations towards the consumer. It is important that this legislative proposal, which has already come up on previous occasions, will now progress further.

The Finnish Consumer Agency considered in its statement, however, that the proposal as such is inadequate to secure consumer rights.

KUV/9223/48/2011

Current Issues in Consumer Law 4/2011
Current Issues in Consumer Law 3/2009