3 days ago
- Business
- Irish Independent
Regulator takes proceedings against Sky Ireland
The case, lodged in the High Court, seeks an order compelling Sky to tell customers in a prominent way when a fixed contract is going to be automatically renewed, and to do this at least a month in advance.
Sky has said it does not believe that ComReg is interpreting the relevant European regulation correctly, and is preparing to defend its position.
In a statement to the Irish Independent today, ComReg confirmed it has issued proceedings in relation to the alleged contravention by Sky Ireland of Regulation 89.6 of the EU's electronic communications code. These came into force in 2022.
ComReg said it has sought a restraining order requiring Sky 'not to repeat the contravention of Regulation 89 (6)' and also requiring it to 'refrain from not informing customers in a prominent and timely manner before a fixed duration contract is automatically prolonged, being not less than one month before the prolongation date, and on a durable medium, of the end of contractual commitment and of the means by which to terminate the contract'.
A durable medium is defined as a paper record, but could also be interpreted as an email.
The regulator is also seeking an order requiring Sky to 'refrain from not providing consumers with their best tariff advice' before a contract is automatically renewed, and to 'refrain from failing to provide consumers with their best tariff information at least annually after the automatic prolongation of their contract'.
Asked to respond, a Sky spokesperson said: 'Sky takes its regulatory obligations very seriously and complies with all relevant laws in each of the markets in which it operates.
'In this instance, ComReg and Sky differ in their legal interpretation of Regulation 86 (9) of the European Electronics Communication Code. We look forward to outlining our arguments in this regard in due course.'
This is not the first time Sky has come into conflict with the regulator. Two years ago it paid ComReg €54,000 for failing to put consumer references on all bills. These are the numbers needed when someone wants to switch provider.
ComReg said Sky paid the fine instead of facing prosecution. A number of customers had contacted the regulator to report difficulties switching from Sky due to a lack of information.
In 2019, Sky Ireland and ComReg settled a High Court dispute over broadband charges. The regulator had changed the rules around how Eir charged other telecos for using its network. Eir was allowed to charge rivals such as Sky up to €170 every time a customer moved from one supplier to another.
Sky challenged the ruling, arguing that mistakes had been made in the decision. The case was settled after ComReg said it would consult with telecos over the issue.
