A press release from the ADUC consumer association returns to one of the hot topics of our national telcos: we are talking about the “escalator”, or telephone tariffs indexed to inflation
The “escalator,” once a tool for adjusting incomes to the cost of living, has been revitalized in a modern context, but to the advantage of telephone operators.
This is what the analysis says in summary Libero Giulietti, legal, ADUC consultant who started from the recent Resolution No. 307/23/CONS of the Communications Authority which introduced clauses for adjusting telephone charges to the increase in the cost of living.
This adaptation – we read in the article on aduc.it – derives from a singular ruling of the European Court of Justice (case C-326/14), establishing that an adjustment based on a consumer price index is not a contractual modification allowing subscribers to withdraw without penalty. In other words, if the rent increases in line with inflation, this is not technically an increase.
The logic of this mechanism is debated. It is not clear how the increase in living costs should be reflected in telephone charges, and the automatic passing on of these increases to the consumer is not justified. “Our organization, the ADUC (Association of User and Consumer Rights), tried to oppose this clause, but without success“, Giuletti recalled.
The ADUC underlined that Italian laws provide greater protection for end users, but the adopted regulation grants operators significant operational constraints and requires contractual transparency that could mitigate negative impacts for consumers.
For existing contracts, the introduction of the clause requires the explicit written acceptance of the user. In new contracts, the clause must be clearly indicated in the contract summary and explicitly accepted by the customer. To avoid confusion, the operator cannot propose further alternatives in the same communication.
For this reason, the ADUC advises users to pay attention to operators’ communications and to avoid accepting the clause if they do not want to. Despite the limits imposed by the authorities, the fear remains that this new practice could become a habit.
In conclusion, while the ADUC hopes that the limits placed by the authority and a possible reduction in inflation can mitigate the negative impacts, doubt remains about the necessity and social justice of this “escalator” applied to the telecommunications sector.
Source aduc.it | Photo by cottonbro studio from Pexels