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UK Bans Auto-Renewing ISP Term Contracts: They’re Anticompetitive, Rules Ofcom

Phillip Dampier September 13, 2011 Competition, Consumer News, Public Policy & Gov't No Comments

When broadband customers sign up for service under a “price protection agreement,” also known as a “term contract,” “minimum commitment,” or “price-lock guarantee,” few consumers realize their broadband provider will typically renew the contract for an additional one to three year term automatically “for your convenience.”

These Automatically Renewable Contracts (ARCs) require customers to notify their ISP, typically in writing, at least 30 days before their term commitment expires to prevent the provider from renewing the agreement, subjecting customers to stiff early cancellation fees if they want to change providers.

Now the independent UK regulator and competition authority Ofcom has ruled those agreements deliver few benefits to the consumers locked into them and plans to ban them effective Dec. 31.

Richards

Ofcom’s chief executive Ed Richards said: “ARCs raise barriers to effective competition by locking customers into long-term deals with little additional benefit.”

At least 15 percent of British broadband consumers are currently signed to renewable contracts, which have been used by BT, Adept Telecom, Axis Telecom, Eze Talk and iTalk.

“Our research, in particular the econometric analysis that we commissioned on the switching behaviour of BT customers, indicates a clear causal link between ARCs and reduced levels of consumer switching,” Ofcom said in a statement. “We believe this effect stems from the opt-out nature of the process for contract renewal and that any example of such a contract is likely to be harmful to consumers and to effective competition.”

Providers love the auto-renewing contract because most customers long forget about them until they call to cancel service, at which point they face a stiff cancellation fee that can run into the hundreds of dollars.  Faced with that kind of exit fee, many consumers opt to stay with their existing provider, despite better offers from a competitor.

The contracts are also popular in North America, particularly with telephone companies who face increased competition from cable providers.  If a telephone company DSL product loses the speed war with an area cable competitor, holding customers in place with term contracts assures phone companies consumers will stay put.  The more services bundled into a customer contract, the higher the termination fee, especially if a signup bonus was provided.  Phone companies have tried offering free netbook computers, free satellite television, and free HD televisions as part of contract bundles that can last as long as three years.  Some have cancellation fees of up to $500 if a customer leaves early.

Ofcom hopes the retirement of these contracts will encourage consumers to shop around for the best possible broadband and landline deals that serve their specific needs.

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