Seeking to safeguard the rights of consumers and driven by the need to ensure greater transparency in the sector, ANACOM has approved a decision to prohibit providers from using the term "unlimited" to refer to voice call/SMS or internet offers which are in fact subject restrictions or limits. Accordingly, providers may only use terms such as "unlimited traffic" or "unlimited calls/SMS" to refer to offers which are in actual fact free from limits or restrictions throughout the duration of the contract.
ANACOM's decision stems, in particular, from a series of complaints made by consumers who subscribed to "unlimited" offers in the belief that they would receive unrestricted access without limitations to services, but then found that the services provided were in fact subject to certain limits and not therefore "unlimited" as advertised.
ANACOM considered it necessary to correct this situation; an offer cannot be properly advertised as "unlimited" - or advertised using any other expression that would lead consumers to conclude that an offer was unlimited - when in fact the offer is subject to limits. Such practices mislead consumers and are contrary to the legal requirements governing transparency and the suitability of information provided to the public.
The application, in unlimited offers, of restrictive measures or limits to internet traffic is only permissible in exceptional circumstances - i.e. to prevent overcapacity on a network segment. The duration of such measures must be limited and normal service must be restored as soon as the exceptional circumstances justifying the application of restrictions are resolved. Any restrictions must be applied fairly in terms of the equitable treatment of different users using the same tariff/bundle.
In the terms and conditions governing offers, providers must provide clear and transparent information on any measures that may be applied, so that consumers are aware of their existence, and must provide indication of the impact of measures on quality of service.
Providers now have a period of 90 days to bring their publicity, procedures and contractual documents into line with ANACOM's decision.
