The Italian Competition Authority decided that these practices were unfair, in particular, with respect to:
(1) Aggressive commercial practice - since it significantly impairs (or is likely to significantly impair) the average consumer’s freedom of choice or conduct with regard to the product and thereby causes him (or is likely to cause him) to take a transactional decision that he would not have taken otherwise. Moreover, this practice also falls within the scope of the black list (Annex I-29 of the UCP Directive), since consumers have been requested with the payment of a provided service which they had not ordered;
(2) Aggressive commercial practice - since it constitutes an obstacle of a contractual consumer right, as set forth by Article 8 and 9 of the UCP Directive;
(3) Aggressive commercial practice - since it determines an unjustified influence of the economic behaviour of the average consumer by means of misleading information. Moreover, it also falls within the scope of the black list (Annex I-26 of the UCP Directive), since it is carried out by making persistent and unwanted solicitations by telephone.
(4) Misleading commercial practice - since it misguides consumers with respect to both the role and the activity of the trader, and it influences and is likely to influence the economic choice as set forth by Article 6 of the UCP Directive. Moreover, it also represents a misleading omission, since consumers have not been provided with the material information necessary to take an informed transactional decision. It thereby causes, or is likely to cause, the average consumer to take a transactional decision that he would not have taken otherwise as set forth by Article 7 of the UCP Directive.
URL: http://www.agcm.it/agcm_ita/DSAP/Dsap_pi.nsf/a0d111d6626f957fc125652a00315873/e83e4acd7d63e62cc12574dd0055d985?OpenDocument&Highlight=2,ps91
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