The telecommunications companies Meo, Nos, and Nowo are facing legal challenges following a lawsuit filed in 2018 by the consumer protection association DECO. The lawsuit, which targets price increases between 2016 and 2017, could potentially result in a €40 million refund to customers. Despite the initial ruling, both Meo and Nos have expressed their disagreement and plan to appeal the decision.
Meo, in a written statement, confirmed its intention to appeal, highlighting that the judicial process is still ongoing. Similarly, Nos conveyed its disagreement with the ruling and noted its decision to seek an appeal.
The DECO lawsuit claims that the communications from these companies were void, failing to properly inform customers of price increases and prohibitively offering contract termination options without penalty. According to DECO’s strategic advisor, Paulo Fonseca, the court’s decision supports the association’s stance by obligating the operators to return improperly charged sums over eight to ten months.
The lawsuit asserts that changes in the electronic communications law in 2016 required operators to inform consumers of any unilateral contract amendments, including price changes, and provide options for termination without penalty. Customers reportedly received notifications of price hikes significantly above the inflation rate, yet these communications lacked specifics on exact amounts or exit options without penalties. Subsequent meetings with service providers yielded no changes in stance, prompting DECO to escalate the matter to Anacom. The regulator deemed the notices insufficient yet did not compel refunds, sparking the legal action.
Approximately 1.6 million consumers, particularly those under fidelity contracts, may be eligible for refunds. DECO estimated refunds by multiplying the monthly overcharged amount by the months affected from the initial change to the court decision, resulting in an estimated total near €40 million, potentially higher as calculations are refined. Individual refunds are expected to range from €14 to €30, plus interest accrued since 2018, pending a conclusive ruling.
Paulo Fonseca expressed optimism for a favorable consumer outcome, assuring compensation possibilities even for individuals without invoice records, as data retrieval from service provider systems is expected.
