The organization “Young Barristers” publishes a statement on the expected change of tariff policy by the mobile operators in Georgia and points out, that the organization is ready to start the strategic litigation in the court and the court, itself, will respond the chaotic situation in the field of telecommunications services, which is linked to the legality and appropriateness of the fact of changing the service tariffs without considering the customers’ will.

Based on the “Young Barristers” law specialist, Nika Menognishvili’s announcement, “Magticom” Company’s decision to change the traffic plan after 6 April 2020, in particular, instead of “Martivi 25”, to offer the public “Martivi 30”, constitutes a univocal violation of the standard terms of the contract services. The above mentioned standard terms of service are set out in accordance with the Georgian Civil Code, Consumer Rights Protection Law of Georgia and On Electronic Communications Law of Georgia and they regulate the legal relationships between the Operator and Telephone subscriber within the scope of services and additional services. Particularly, this is a life-long contract between the parties. It’s true that based on the contract; the company is entitled and unlawfully advantaged to unilaterally change the tariff politics, but in this case, the Company has the obligation to not only provide the individual notice to the Customer about the change in the tariff plan, but also to justify the reasons for the decision.

Based on the “Young Barristers” explanation, the “Magticom” Company, without any private and public explanation, even, without naming the concrete reasons, made the decision to change the tariff plan. On top of that, it is already possible to use “Martivi 30”, but from 6 April, the terms of service “Martivi 25” will be completely annulled, which is a breach of the standard terms of service between the parties and, still, unilaterally increases the cost of the service. Moreover, as of not having the decision of Georgian National Communications Commission, that must give the legitimacy of the named mobile operator’s decision; the above mentioned decision towards the Consumers is – unconscionable.

“Young Barristers” starts to work actively on this issue and is ready for the communications with all interested parties. Furthermore, the organization believes, that it is strategically important for the issue to be reviewed by the court, in order to set a precedent, legal conclusions, when mobile operators can’t anymore unilaterally change the terms of services in the contract.