With regard to registered mail delivery service, the AGCM has ascertained that the attempt to deliver registered mail was not always carried out according to the advertised timeframe and guarantees and, moreover, it was frequently carried out in breach of the law. Indeed, on several occasions
As a consequence, consumers were forced to spend large amounts of time and money in order to collect registered mail that was not diligently delivered.
In light of the above, the AGCM deemed the relevant advertising misleading in breach of the Consumer's Code, while also noting that
As for registered mail digital collection service (Ritiro Digitale), the AGCM ascertained that the related advertising claims omit, or present in an obscure, incomprehensible, ambiguous, or untimely way, material information regarding the existence of limitations on the use of the service, which may significantly impact the economic behavior of the average consumer by inducing him/her to make a decision that s/he would not otherwise make. Indeed, the consumer who decides to employ the service may not be able to use it, as the service can only be used under certain conditions and the consumer may not be duly aware of them given the inadequate information provided about the existence of such limitations.
Furthermore, according to the AGCM, the Italian judicial system suffered serious damage, since delays due to incorrect notifications in the context of legal proceedings, especially criminal proceedings, led to numerous crimes being time-barred.
For the abovementioned unfair commercial practices, the AGCM has issued a
From a practical viewpoint, according to the AGCM, a fine in this amount will not have a deterrent effect given the revenues posted by
The text of the AGCM resolution is available here: https://www.agcm.it/dotcmsdoc/allegati-news/PS11563%20provv%20chiusura.pdf.
Originally Published by GALA,
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