The Antitrust A closes the investigation on Enelforcing it to reimburse over 40 thousand customers for a total of 5 million euros. The authority of competition and market (AGCM) had contested a possible incorrect commercial practice in the communication of contractual renewals with effect from 1 June 2023.
The antitrust decision
The antitrust had opened an investigation in April 2024. In detail, under examination the ways in Enel Energia informed its users with regard to the changes of the economic conditions. “In addition, in the case of renewal communications sent digitally, the letter accompanying it could be confused with a promotional message“, Explains the antitrust, generating ambiguity and making the increases not transparent. For paper notifications, critical issues have emerged, with numerous reports of non -delivery.
Enel Energia has also provided for the graphic and text revision of digital communications sent through Dem (Direct Email Marketing) and the strengthening of IT systems and customer service, with particular attention to the management of contract renewals.
How reimbursements will be paid
The reimbursement will automatically be paid in favor of customers who have received, by post, a communication of renewal of the economic conditions with effect Between June 2023 and April 2024but for which delivery does not appear. The refreshment is also foreseen for those who received the information via the web and, on the date of adoption of the provision, they had presented a complaint to Enel Energia and/or the Antitrust Authority by reporting the insufficient clarity of the message.
The compensatory measure concerns both customers still active with Enel Energia – to which a bonus directly on the bill – both those who have changed supplier, for which a credit note will be issued. At the same time, the company has made the commitment to strengthen its information activities through an integrated system of notices and reminders on multiple channels (SMS, email, bills, apps and reserved area) to ensure greater awareness regarding the entry into force of the new contractual conditions.
Codacons rejoices, anger for the Unc
And consumer associations are divided. The Codacons For example, it expresses satisfaction with the refreshments; It was precisely the association that had urged automatic compensation in favor of damaged users. In a note they say:
“Therefore, well the commitments made by Enel to grant refreshments to all damaged customers, but it is necessary to do more: it is necessary to adopt all the technical measures to prevent similar cases in the future and to eliminate any shadow on the communications of the unilateral changes of contracts by energy suppliers”.
Much more critical instead Massimiliano Donationpresident of the National Consumer Union, who considers these reimbursements as insufficient:
“Beyond the fact that we would have preferred there was also a penalty, although reduced because of the refreshments obtained, the commitments are inadequate both with respect to the information campaign and with respect to the amount of compensation”.
The Association highlights that the commitments made do not offer sufficient guarantees To prevent similar situations from repeating in the future, such as a sudden increase in bills without the consumer being fully aware of it.
With regard to the compensation, foreseen in a variable measure between 25% and 50% of the difference between the old and the new price applied, the inadequacy of the minimum value is underlined, severely insufficient. Furthermore, according to the Association, those who have not received any communication should have been reimbursed in full, as already happens in the conciliation.
