Chamber III of the Supreme Court has established in a sentence that the telephone companies must deliver to the user who so requests, previously and in writing, the conditions of the contract.
They should do it regardless of whether the hiring was done by phone and sending the document in one of the three possible formats: on paper, by instant messaging or by email.
Thus, an appeal of the Junta de Andalucía against a 2019 judgment of the Andalusian Superior Court of Justice is estimated on a series of sanctions against ‘Vodafone’. According to the Supreme Court in a press release, “the appeal referred only to the infraction for not delivering in writing the general contracting conditions having been requested, which the Andalusian Supreme Court revoked and the Supreme Court reinstates.”
And it is that the TSJA then accepted the argument of the operator ‘Vodafone’ on understanding that Distance contracting does not require having to provide the client with information in writing, even if I ask for it.
On the contrary, the Supreme Court considers that article 12 of the Charter of rights of the user of electronic communications services approved by Royal Decree 899/2009, of May 12, and the provisions of articles 97 and 98 should be interpreted. of the Consolidated Text of the General Law of Defense of Consumers and Users approved by RDL 1/2007, of November 16.
The magistrates have recalled that, although the number of telephone or distance contracts is increasing, it must be taken into account that “There are users with different characteristics.” For this reason, they emphasize in the sentence that, although those known as ‘digital natives’ are totally familiar with the network, the same does not happen with the “digital immigrants”. “There may be users lacking at all the ability or means to access the general conditions published electronically,” they say.
The sentence concludes that, for these reasons, telephone companies must provide users who require it in the general contracting conditions, “and, if not, the telecommunications company may be sanctioned”, Explain.
The Supreme Court specifies that when determining that it must be given “in writing”, it can be done both in paper format sent home, “as by WhatsApp or any other instant messaging system, SMS, or an email. The point is that if the end user demands an individualized written text, they receive it “, they conclude.