Did they activate your paid services? In such situations, civil law offers clear and precise protection tools.
il The principle of enrichment of enrichment Guarantees the person who has suffered economic damage, without any legitimate legal reason, the possibility to act to obtain the return of what is considered uncertain by third parties. (Art. 2041 CC).
In other words: no one can further strengthen themselves to your detriment without a valid legal reason. parallel, User code (D. lGS. n. 206 Of 2005) strengthen Consumer right to refuse payment for goods or servicesprediction Black of any economic claims Based on any contradiction or implied consent. Therefore, in the absence of a validly concluded contract, the demand for payment is not legally established. In this sense, cassation Clarified that a request for payment for an unsolicited service violates a consumer’s right, placing the burden on the applicant to demonstrate the existence of a valid contract. (Cas. Savvy. Therefore, no company may ask you to pay for goods or services that you have not requested. Any request based on “presumed” consent is nothing in itself.
How will I know if I have accepted the contract?
The contract is defined byArt. 1321 cc come on:
“An agreement between two or more parties to create, regulate or extinguish a patrimonial legal relationship.”
The validity and effectiveness of the contract depends on the expression of the will of the partieswhich should be independent, informed and in accordance with the law. In particular, acceptance, which represents the consent of the receiving part of the offer, constitutes an essential element for the conclusion of the contract.
Express and Undisputed Consent
According toArt. 1326 ccfor , for , for , . The contract is completed when the acceptance becomes known to the other party. Acceptance can be:
- ESPSpeech What does it mean? expressed by a written, oral or electronic declaration that leaves no doubt as to the intention to act on the offer (such as when you signed a document, accepted online with a click, or verbally confirmed).
- tAcita When this deduction is made By individual and final conduct that clearly shows the will to accept the offer, provided that the law or nature of the contract allows it. In exceptional cases, il Solo Behavior (such as use of a service) may be considered acceptance E Only if the law allows it.
- iSilence does not constitute acceptance PIn ER contracts involving liability on both parties, silence is not sufficient. In fact, Art. 1333 CC provides that silence amounts to acceptance only in unilateral contracts involving benefits for the recipient.
What should I do if my telephone operator refuses to disable unsolicited service?
In the event that a telephone operator or a waste service provider to disable unsolicited service, the provider, the user has the right to act in the following ways:
- iTo make a formal complaint: Draw written communication by PEC or registered letter a/rrequesting immediate deactivation of the Service and cancellation of any charges. It is useful to mention in the complaint Art. 57 cons. which establishes the obligation to consent to the prevention of any provision and art. 66 Cookies Code. which declares absurd clauses in contracts with consumers;
- sIncident in Egum Ko Agular Egcom: Authority for Guarantees of Communications Offers Tools of Reconciliation Common that allows for quick resolution of disputes related to telecommunication services.
- Appeal to GThe judge gave PAce If the problem persists, the user may take legal action in court to terminate the requested service along with possible compensation for the amount charged and damages for inconvenience.
Can I challenge a payment request for an unpaid service?
Yes, the user can oppose a request to pay for a service, never requested, in which absence of a valid contract or lack of consent can be requested. Our system protects users in these cases, providing specific tools to combat and cancel illegal requests.
Absence of valid contract
AfterArt. 1321 ccthe contract is valid only if the result of a A conscious and voluntary agreement between the parties. In the absence of explicit or implicit consent, a request for payment for an unsolicited service is legally groundless. Also,Art. 1325 cc The agreement of the parties is one of the essential requirements of the contract, without which no obligation can be created. In this sense, cassationE It has been established that the sending of a proposal or the unilateral activation of a service, in the absence of express consent, does not involve any liability for the user (Sent to Cass Civ. n. 1432 Deal 2019) In addition, Legislative Decree n. 206 of 2005 (Consumer Code) strengthens consumer protection, and provides that:
- Each supply of goods or services must be preceded by a Clear and informed consent.
- Based on no commercial practiceReimbursement of costs for unsolicited services It is considered illegal You are wise Of Art 20-26 Cod. cons.for , for , for , . who control Unfair trading practices.
Legal remedies
A user has a number of tools to challenge an invalid application. In the first place he can send a letter through his trusted lawyer, highlighting the absence of consent with a formal request. Cancellation of claim pursuant to Art. 2041 cc – Immovable enrichment e Art. 2033 cc Which is prohibitedLiability for refund for payments made without justification economic purpose. If the payment request is not withdrawn, the customer may be able to obtain the absence of credit area and value.
What if they threaten me with legal action if I don’t pay?
Threats of legal action for non-payment of unsolicited service may raise concerns, but it is important to know that, in the absence of a valid contract or legal basis, such actions are. baseless. In fact, as mentioned, The obligation to pay arises only by a valid contractbased on the agreement of the parties (Art. 1321 CC). If the service is activated without your express or implied consent, the supplier has no title to request anything. Jurisprudence of Civil Cassation He repeated this simple usage over and over againAutomatic activation of a service does not constitute contractual acceptance.
What should I do if I receive a court order?
In case the threats have been converted into a judicial act, it is possible to oppose it afterwards Articles 615 or 617 of the Code of Conduct Coping with the absence of credit due to the lack of title of both the contents of the money application. The judge will ask the creditor to prove the existence of a valid contract. In the absence of tests, the invalid payment request will be rejected. Finally, it is useful to know that those who act without title (alleged creditors) Light Temeria to feelArt. 96 CPC With an obligation to pay the costs of regulation and to compensate for damages for misuse of the judicial system.