Poland’s Consumer Watchdog Fines Play About $27 Million Over Discount Scheme That Penalized Late Payments

Key Takeaways

• $27 Million Fine for Play: Poland’s consumer watchdog fined Play about $27 million (PLN 108.6 million) for a discount scheme it said unlawfully penalised customers who paid bills late.
• Discount Treated as a Penalty: UOKiK found that withdrawing a monthly discount after late payment functioned as an illegal contractual penalty under Polish civil law, beyond permitted statutory interest.
• Refunds Ordered: Play must refund current and former customers who lost their e-invoice and timely payment discount after delays and paid higher subscription fees.
• Decision Not Final: The ruling can still be appealed, but Play will be required to inform consumers about refunds once the decision becomes final.

Deep Dive

Poland’s competition and consumer protection authority has fined P4, the operator of the Play mobile network, about $27 million (PLN 108,573,207) after ruling that a widely used discount scheme unlawfully penalized customers who paid their bills late.

In a decision published on 12 December 2025, the President of the Office of Competition and Consumer Protection (UOKiK) concluded that Play’s practice of withdrawing discounts for delayed payments amounted to a prohibited contractual penalty under Polish civil law. Beyond the fine, the authority also ordered P4 to refund customers who were charged higher subscription fees as a result of the practice.

How a Discount Turned Into a Penalty

Play has for years promoted a small monthly discount, typically PLN 5 per service, for customers who opted into electronic invoices and paid on time. On paper, the offer was framed as a simple incentive to modernise billing and encourage prompt payment.

In practice, UOKiK found, the mechanism worked very differently. A missed payment deadline automatically triggered the loss of the discount in the following billing period, increasing the customer’s subscription fee instead of reducing it. Where a single invoice covered multiple phone numbers or services, the financial impact multiplied.

UOKiK cited examples where customers saw their next bill rise by PLN 15 when two phone numbers and a fixed-line internet service were involved, or by PLN 25 when three phone numbers, internet, and television services were bundled on one invoice. The authority also noted cases where customers lost their discount even when the delay related to other charges on the same bill, such as equipment installments or additional services.

As a result, consumers often faced what UOKiK described as double consequences: statutory interest for late payment, followed by a higher subscription fee in the next billing cycle.

Why UOKiK Says the Practice Was Illegal

According to UOKiK President Tomasz Chróstny, the structure crossed a clear legal boundary.

“A promotion cannot have a hidden agenda,” Chróstny said, arguing that while the discount was presented as a benefit for e-invoicing and timely payment, it effectively became “a severe penalty for even a slight delay.”

UOKiK pointed to provisions of the Civil Code that allow interest to be charged for late payment but prohibit imposing additional penalties solely because a payment arrives after the deadline. By withdrawing the discount and raising the subscription fee, the authority concluded, Play was applying a form of contractual penalty that is not permitted under Polish law.

The watchdog also noted that P4, one of Poland’s four largest mobile operators, had applied this mechanism for more than six years, affecting a broad base of consumers.

Refunds Ordered for Current and Former Customers

Alongside the fine of about $27 million (PLN 108.6 million), UOKiK ordered P4 to stop the disputed practice and refund customers who were affected.

Refunds will be available to consumers who, after 30 September 2019, entered into contracts that included the e-invoice and timely payment discount, lost that discount due to a payment delay, and paid an increased bill as a result. Both current and former customers are covered by the order.

Once the decision becomes final, P4 will be required to inform consumers about the ruling, their right to a refund, how to claim it, and the deadline for doing so. If current customers do not actively request a refund, their subscriber accounts will be automatically credited with the appropriate amount.

The decision is not yet final, and P4 has the right to appeal to the court.

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