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Movistar Fusión Contracts Increase 5 Euros/month

Telefonica is in the process of informing all clients that have contracted one of the Movistar Fusion products, that as of May 5th the contracted services will be 5 euros/month more expensive.

Fusión TV Contigo will go up from 42 to 47 euros.
Fusión TV Contigo 100Mb will go up from 54 to 59 euros
Fusión TV will go up from 60 to 65 euros.
Fusión TV 100Mb will go up from 72 to 77 euros.

Consumer Organisations remind all those concerned that if they do not agree with the increase, they can cancel their contract without penalty as this increase in price was not provided for in the Fusion contracts and should have been communicated with the client with at least one month notice.

Movistar has confirmed that indeed, clients concerned can cancel their contract without penalty by calling 1004 before the 5th of May. If you fail to do so, it is assumed that you silently agree to the increase.

UPDATE 20.4.2015 Consumer Organisation FACUA has denounced Telefonica/Movistar under a whole bunch of laws. They claim the increase is illegal as Telefonica promised their prospective clients, since the introducton of the Fusion contracts, that the Movistar Fusion prices would be fixed and for ever and advises consumers that not only do you have the right to cancel your contract without penalty, but you can also make it known that you refuse to pay the announced increase, by calling them on 1004. Their publicity material has contractual value and you can hold them to comply with their promise. In Spanish it would be ´demanda de cumplir con su publicidad cual confirma que los precios de Movistar Fusion son precios finales y para siempre´.
We´re talking big money here, there are about 3,7 million Fusion contracts, so the 5 euro increase would be an extra income of 18,5 million euros/month – 222 million a year. When the case comes to court, FACUA will demand a fine, relative to the extra income generated with this increase.

THIS is a link to the actual press release, announcing the introduction of Fusion contracts, the 5th paragraph has the statement with regards to the fixed and forever prices.

UPDATE 3.5.2015  Links to template to denounce Movistar with the Spanish Consumer Agency, claim the illegality of the increase and refusal to pay for it. If you fill out your personal data and save the file, you can then send it telematically by clicking the first link in the address of the denuncia and attaching the saved file (Adjuntar fichero – select file from computer to attach).

PDF Format  For printing, filling out and consequently mailing or scanning and sending telematically.

Word Format For saving, filling out on computer, saving again and sending telematically.

Update: 04/05/15. From a response from the goverment body AECOSAN, please replace the address at the top of template replacing for the department in your area. Please forward the complaint to the body in your autonomous region. Details on this LINK.

Update 13.6.2015 Consumer Organisaton Facua has taken Telefonica to court in Madrid and now states that not only do consumers not have to pay penalization when they terminate their contract because of the 5 euro increase, they can even demand that Telefonica pays them an indemnization of up to 190 euros, corresponding with the cancellation penalty  during ´permanencia´ period, as mentioned in the original contract. All those who have cancelled when they were notified of the increase, plus those who decide to do so now, can claim this cancellation fee under the principal of reciprocity, according to Facua.

Update 15.3.2017 The case against Telefonica is finally due in court on March 21st this year. Facua will be representing over 4.000 members and this will be the trial with the largest number of affected consumers in a case of telecommunications fraude. Since the first increase of Fusion contracts as announced in 2015, 3 more have followed, the latest as recent as three weeks ago (increase of 5 euros with the promise of more ´mobile data´ on each telephone line – to be effective as of April´s invoices) resulting in a total increase of 18 euros/month in less than 2 years.
CAB Spain will keep its members posted on the outcome of the court case.

Movistar is not the only one being denounced for supposedly illegal or abusive price increases, considered as such as they consist of unilateral changes to the contract without prior consent of the consumer: Vodafone (increase between 2 and 5 euros on a whole range of contracts, to become effective the 28th of April 2017) and Orange (Love tariff) have followed in Movistar´s footsteps.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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