UOKiK charges HBO Europe for device compatibility changes during subscriptions

In a recent move, Poland’s competition and consumer regulator UOKiK has taken action against HBO Europe, accusing the company of making changes that could negatively impact consumers. The issue arose when some subscribers found themselves unable to access HBO Max on devices that had previously been supported, even though their subscriptions were still active.

UOKiK is concerned about the unilateral changes HBO Europe made to the list of compatible devices and how customers were informed about these technical requirements. The regulator questions whether subscribers were adequately warned that they could lose access to the service in the middle of a paid subscription period.

One of the allegations against HBO Europe is that they may have made it more challenging for consumers to use the service by imposing restrictions on existing devices, failing to provide clear information on device compatibility in contract confirmations, and describing technical requirements in a vague manner. Furthermore, UOKiK is looking into the fact that HBO did not guarantee continued operation on devices that were compatible at the time of purchase for the entire subscription period.

UOKiK president Tomasz Chróstny empathized with consumers, highlighting that people expect the devices they purchase to be functional for years. Changing compatibility rules without clear communication, according to Chróstny, might force customers to buy new equipment just to keep watching their favorite shows.

In addition to device compatibility concerns, UOKiK is reviewing how technical requirements were communicated to subscribers. They raised issues with the fact that important compatibility details were often buried in terms and conditions or on the website, rather than being clearly outlined in contract confirmations sent via email.

The regulator noted that actions that harm consumer interests can result in fines of up to 10% of turnover for each instance of infringement, as well as an obligation to rectify the situation, which could include issuing refunds to affected consumers.

In response to the allegations, a spokesperson for HBO Europe stated that the company takes compliance with consumer protection laws seriously and intends to address UOKiK’s concerns promptly.

The action taken against HBO Europe is part of a broader initiative to scrutinize major digital subscription services in Poland. UOKiK has previously taken steps against Netflix and Amazon and continues to review the practices of other services such as Apple, Disney+, Google (YouTube Premium), Microsoft (Game Pass), Sony (PlayStation Plus), and Adobe.