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An interesting judgment from the European Court of Justice which held that all post-contract consumer helplines have to be charged at the basic rate.
Brief summary
A trader had given two telephone numbers for consumers to use after entering into a contract. One number was a basic rate number and the other was a higher rate number. The ECJ found that Art. 21 of the Consumer Rights Directive (the equivalent of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) meant that it restricted traders from charging more than the basic rate after the contract was concluded. It is irrelevant if a consumer chooses to use the higher rated number, because a consumer cannot voluntarily waive its rights.
More interestingly, the BIS Guidance (link here) that was issued when the above Regulations were enacted, says that as long as one basic rate number is provided, traders could also offer other numbers at a higher rate. This ECJ decision suggests otherwise.
Link to Starman AS v Tarbijakaitseamet case
Brief summary
A trader had given two telephone numbers for consumers to use after entering into a contract. One number was a basic rate number and the other was a higher rate number. The ECJ found that Art. 21 of the Consumer Rights Directive (the equivalent of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) meant that it restricted traders from charging more than the basic rate after the contract was concluded. It is irrelevant if a consumer chooses to use the higher rated number, because a consumer cannot voluntarily waive its rights.
More interestingly, the BIS Guidance (link here) that was issued when the above Regulations were enacted, says that as long as one basic rate number is provided, traders could also offer other numbers at a higher rate. This ECJ decision suggests otherwise.
Link to Starman AS v Tarbijakaitseamet case
