Question 18067 — consumption

Summary

Ms. Laurianne Rossi draws the attention of the Minister of the Economy and Finance to the tacit and presumed acceptance of the unilateral modification of the contract and the price increase thus induced for the consumer, particularly in the context of telephone subscriptions. If the increase in the prices of telephone subscriptions offered by market operators is entirely legal as long as it is notified within one month before the effective date for the subscriber, it nonetheless raises some questions about the consumer's ability to clearly and easily express their refusal. Indeed, article L. 224-33 of the Consumer Code provides that “[the subscriber] may, as long as he has not expressly accepted the new conditions, terminate the contract without termination penalty and without right to compensation, up to a period of four months after entry into force. force of the amendment”. However, operators who have made increases in recent weeks have sometimes, in their information emails, notified their subscribers within this deadline but with varying methods of expressing consent. Several subscribers are upset at not being able to access their online space which should allow them to refuse this offer. This restrictive reading of the aforementioned law, counting on the termination of the contract rather than on a clearly expressed acceptance by the consumer, is detrimental to citizens. She therefore asks him if reflections are underway on this question, in particular in order to promote a logic of prior agreement of the consumer with regard to the contractual conditions and, failing that, to allow the French to be able to refuse these price increases in a more transparent and easier manner.

Machine translation from French. The official text remains authoritative.

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