– I regularly receive text messages saying that I have won either a car or a gift for my child. All I have to do to collect the prize is send a reply SMS. Once I fell for it, only to find out that I had not won anything at all and had merely entered some kind of game. I had to pay for the SMS, and in return I now receive three times as many messages as I used to. I win cars and other expensive gadgets on average once a month – says one of the misled residents of Lubin.
– Informing consumers that they will receive a prize after sending an SMS, when in reality only participation in a prize draw is guaranteed, is an unlawful practice. Consumers must not be misled in this way. Companies that send SMS messages about various contests or lotteries are obliged to provide reliable information about the rules of a given contest – says Wiesława Sulima, the district consumer ombudsman.
The Office of Competition and Consumer Protection has already investigated the matter of these SMS messages, finding that the practice is unlawful. According to the UOKiK, the company sending such messages suggests that the consumer has already won a prize, which is untrue, and misleads them. The court agreed with the UOKiK’s position, and one such company has already been fined.
– Before sending what is often an expensive reply SMS in order to collect the alleged prize, let us consider whether we took part in any contest at all. Such messages do not mean that you have won anything; they are merely an unfair and aggressive market practice – Wiesława Sulima adds.
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