“Both companies, in addition, ensure the right to interrupt the contract without any reason, and require users to waive the possibility of filing claims collectively,” it was pointed out.
Last August, the ministry notified Netflix of the ex officio action for alleged breaches of the National Consumer Protection Law, warning of the existence of abusive clauses in its terms and conditions.
In its defense, the company reported that the observed clauses were in a review process, and Netflix currently has a period of 10 days to modify, adapt or delete these clauses, prior to resolving the administrative filethey indicated from the portfolio.
The analysis of the “Terms of Use of HBO MAX”, the portfolio found that “through complex and unclear wording” the company “imposes on its users clauses that are abusive“.
At the same time, it verified that the company “does not display the unsubscribe button on its website, so that if a consumer decided to cancel the service, they would not find it clearly or visibly.”
Among the abusive clauses they included that “no refunds of any subscription, no credits, no prorated billing“, which generates in the consumer the “false belief that nothing can be claimed once the contract has been made and the payment has been made, even in cases of non-compliance by the company, lack or defective provision of the service”.
They highlighted a “clause of limitation of responsibility for damages that could be caused by the use of the service, imposing on its users a time limit of one year to make a possible claim”, which is “in violation of the legal duty of guarantee that all products have. and services in accordance with the National Consumer Defense Law”.
In the case of Spotifydescribed as abusive the clauses of “release and/or limitation of liability, imposing that the sole and exclusive solution for any problem with Spotify is to uninstall the software and stop using the service“.
They also establish that “they are not responsible for the damages that may be generated, which is also a violation of the legal duty of guarantee that all products and services possess in accordance with the National Consumer Defense Law.”
Likewise, the music and podcast platform “forces its users to give up the possibility of filing claims collectively in defense of their rights and the imposition of individual compulsory arbitration,” said Production in the complaint.
“All clauses are in violation of Article 4 and 37, subsections a) and b) of Law 24,240, Resolution No. 53/2003 of the former Ministry of Competition, Deregulation and Consumer Protection, Resolution No. 994 /2021 of the SCI of the Nation and the Civil and Commercial Code of the Nation”, it was stated from the Buenos Aires Government.
Source: Ambito
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