January 17, 2021

Competition fines Endesa for registering clients without their consent – The Province

Competition fines Endesa for registering clients without their consent - The Province


The National Commission of Markets and Competition (CNMC) has resolved four disciplinary proceedings against Endesa Energía that accumulate fines amounting to 120,000 euros for havingActivated contracts of several clients without their consent.

In several cases, the change without consent implied that the client ceased to have his contract with him.a regulated electricity tariff (PVPC) to be supplied in the free market, where the marketer freely sets the price of energy and may include other services and additional maintenance insurance. In one of the cases, as the CNMC explained, it activated a new contract with gas and electricity supplies without the client's consent, to which the regulated gas tariff changed to a free market supply.

The CNMC learned of these facts after receivingseveral complaints from the Ministry of Economy,Industry, Commerce and Knowledge ofGovernment of the Canary Islands, of the writings of Facua-Consumidores en Acción and of a private individual.

In the approved resolutions, the CNMC considers that Endesa Energía did not respect the requirements that the electricity and gas traders must follow in order to hire a new client, nor, in particular, did they have their consent. Endesa was already sanctioned in March with 30,000 euros for a similar practice.

In addition, the body chaired by José María Marín Quemadafined in 2017 four electricity and natural gas marketers(Endesa Energía, Iberdrola Clients, Gas Natural Servicios and Viesgo Energía) with a total of 155,000 euros for the same practices.

The CNMC insists that marketers must respect the Law when making or modifying contracts with their customers and the importance of being very careful when it comes to attracting customers through sales channels, especially in the case of vulnerable consumers and elderly people.

In addition, last September forced the main energy groups to change their brand image so that customers can distinguish between the marketing company that offers the regulated tariff (PVPC), in electricity, and (TUR), in gas, and the one that does it through the free market.

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