FACUA-Consumers in Action have demanded Movistar to withdraw the penalty fee of 190 euros that ensues for any new subscriber who wants to cancel Movistar Fusion -package before the twelve months contract expires.

FACUA has warned the company that the penalty fee is an unfair and therefore illegal and punishable, as provided in the revised text of the General Law for the Defence of Consumers and Users (Royal Decree 1/2007 of 16 November).

Thus, Article 87 of Royal Decree defined in paragraph 6 as abusive, among other practices, “the compensation that does not correspond with the actual damage caused.”

The “general conditions” of Movistar Fusion-package appearing on the operator’s website state that subscriber is committed “to stay 12 months within the contract” with “190 euros penalty fee if not to complete this contract.” The information does not clarify whether there is VAT included or not (VAT included the total sum is 229.90 euros).

FACUA states that for the subscriber to conduct such a penalty fee without any significant loss to Movistar implies a clear course of unjust enrichment, under existing case of law on the subject.

The association expects Movistar to proceed with a cancellation of the penalty clause in their contracts. Otherwise, FACUA will report to the institutions of state and regional authorities in the field of consumer protection.

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