Friday, 4:47 p.m. A consumer writes that if they do not receive a refund by Monday, they will file a complaint with UOKiK and publish the entire correspondence on LinkedIn. The Head of CS asks how to respond. Sales claims that the customer accepted the terms. The terms and conditions say something different from the offer on the website. Management wants to “close this quickly”.
Sound familiar?
Most companies respond to consumer disputes as if they were fires — they put out what they can and return to business as usual. The problem is that the fire comes back because no one has investigated its source. UOKiK’s data for 2024 shows that the authority issued 70 decisions concerning infringements of consumers’ collective interests, imposing a total of nearly PLN 263 million in fines on businesses. Preliminary data for 2025 already shows 530 consumer protection decisions and PLN 545 million in penalties.
An individual consumer dispute is rarely the problem of a single department. It usually reveals inconsistencies between sales, customer service, and legal documentation. This article explains how to take control of such a dispute — before it grows beyond a complaint — and how to turn complaints chaos into an orderly system that protects your company.
Key concepts you need to know
Before we get to the heart of the matter, let us clarify the terminology. Consumer disputes involve concepts that sound similar but have different legal consequences.
| Concept | What it means | Legal basis |
|---|---|---|
| Non-conformity of goods with the contract | The goods do not match the description, sample, or characteristics declared by the seller, or are not fit for the purpose indicated by the consumer. Applies to goods purchased from 1 January 2023. | Articles 43b–43g of the Consumer Rights Act |
| Statutory warranty | The seller’s liability for physical and legal defects in an item. Applies to B2B relationships and consumer contracts concluded before 1 January 2023. | Articles 556–576 of the Civil Code |
| Commercial guarantee | A voluntary commitment by the guarantor (manufacturer or distributor) to repair, replace, or refund. Independent of the statutory warranty and non-conformity with the contract. | Articles 577–581 of the Civil Code |
| Right of withdrawal | The consumer’s right to withdraw from a distance or off-premises contract within 14 days without giving a reason. | Article 27 of the Consumer Rights Act |
| Unfair contract term | A term in a consumer contract that was not individually negotiated and grossly infringes the consumer’s interests. Such a term is legally ineffective. | Article 385¹ § 1 of the Civil Code |
| Practice infringing consumers’ collective interests | An unlawful act by a business that harms the interests of an unspecified group of consumers. Subject to a fine of up to 10% of turnover. | Articles 24 and 106 of the Competition and Consumer Protection Act |
One caveat: since 1 January 2023, B2C relationships have been governed by the non-conformity of goods with the contract regime under the Consumer Rights Act, rather than the statutory warranty under the Civil Code. This is a common mistake — companies still refer to the statutory warranty in their terms and conditions, even though it no longer applies to new consumer transactions.
Why a consumer dispute is a test of your company, not merely a legal problem
A consumer dispute reveals how your company operates from day to day. It is not about whether you have terms and conditions. It is about whether those terms and conditions are consistent with the offer on your website, what sales staff say, and what customer service does.
Three layers that a dispute tests simultaneously
Documentation. Are your terms and conditions of sale up to date following the changes introduced by the implementation of the Omnibus Directive (in force since 1 January 2023)? Do they comply with the information requirements under Article 12 of the Consumer Rights Act — including information about the right of withdrawal, the complaints procedure, and return costs? Do your product descriptions contain promises that cannot be fulfilled?
Operations. Who in the company is responsible for responding to a complaint? Is there a template for the initial response? Do the sales and customer service teams say the same thing? Is someone monitoring the 14-day response deadline?
Decision-making. Who decides whether to defend the company’s position or concede? What data is that decision based on? Does management become involved in every dispute, or only those exceeding a defined risk threshold?
If the answer to any of these questions is “I don’t know” or “it depends on the situation” — you have a gap that a consumer (or UOKiK) can exploit.
The most common mistake: no single version of events
The sales department says one thing, support says another, and the documents say something else. The consumer collects these inconsistencies and uses them as an argument — in a complaint to a consumer ombudsman, a submission to UOKiK, or a LinkedIn post. Every discrepancy between what the company communicates and what its terms and conditions say is a potential flashpoint.
Deadlines that determine the outcome of a dispute
In consumer disputes, deadlines are not suggestions. Missing them has legal consequences — often automatically.
| Deadline | What it concerns | Consequence of missing it | Legal basis |
|---|---|---|---|
| 14 days | Response to a complaint concerning non-conformity of goods with the contract | Legal presumption that the complaint has been accepted — the consumer’s demand is treated as justified | Article 561⁵ of the Civil Code (applied accordingly) |
| 14 days | Refund following withdrawal from a distance contract | Obligation to refund with interest; risk of an allegation of unfair commercial practice | Article 32 of the Consumer Rights Act |
| 14 days | Deadline for withdrawing from a distance contract (consumer) | Loss of the consumer’s right of withdrawal | Article 27 of the Consumer Rights Act |
| 30 days | Response to a complaint (general provision where no specific regulation applies) | Legal presumption that the complaint has been accepted | Article 7a of the Consumer Rights Act |
| 2 years | Period of liability for non-conformity of goods with the contract | Presumption that any non-conformity revealed during this period existed at the time of delivery | Article 43c of the Consumer Rights Act |
| 6 years | Limitation period for claims arising from non-conformity of goods with the contract | The consumer loses the ability to pursue the claim | General provisions of the Civil Code |
Pay particular attention to the 14-day deadline for responding to a complaint. Failure to respond means automatically accepting the consumer’s demand — regardless of whether the complaint is justified. This is one of the deadlines most frequently overlooked by growing companies that do not have an organised complaints process.
How UOKiK conducts proceedings — and what this means for your company
A consumer who threatens to file a complaint with UOKiK is not bluffing. The authorities are required to respond to reports, and proceedings may cover the company’s entire practice — not just one case.
Stages of UOKiK proceedings
- Notification or tip-off. A consumer files a complaint. They may do so directly with UOKiK, through a consumer ombudsman, or through the Trade Inspection Authority. UOKiK may also initiate proceedings on its own initiative — based on market analysis, data from ZUS or KAS, or media monitoring.
- Preliminary investigation. UOKiK investigates whether there are grounds to suspect an infringement. This takes an average of 4–5 months. The authority may request documents, explanations, and access to systems. At this stage, the business is not yet a party to the proceedings — but its documents and communications are being analysed.
- Formal proceedings. If UOKiK finds sufficient grounds, it initiates formal proceedings. The business becomes a party — it has the right to submit explanations, access the case file, and present evidence.
- Decision. UOKiK issues either a decision finding an infringement (with a fine) or a commitment decision (the business undertakes to change its practices in exchange for a lower fine or no fine).
- Appeal. The business may appeal to SOKiK within 1 month of receiving the decision. The court transfers the case file within 3 months.
Scale of financial risk
| Type of penalty | Maximum amount | Notes |
|---|---|---|
| Fine for infringing consumers’ collective interests | Up to 10% of turnover from the preceding year | Highest fine in 2023: more than PLN 160 million (Jeronimo Martins Polska) |
| Fine for failing to provide information requested by the President of UOKiK | Up to EUR 50 million | Also applies to refusal to cooperate in a preliminary investigation |
| Fine for failure to comply with a commitment decision | Up to EUR 10,000 per day | Charged from the first day of delay |
| Fine imposed on managers | Up to PLN 2 million | Personal liability of management board members |
In 2023, UOKiK issued 85 consumer protection decisions imposing fines exceeding PLN 422 million. The average fine per decision was approximately PLN 4.96 million — although this figure is inflated by record-breaking penalties. Even an “average” fine of tens of thousands of zlotys can be severe for a startup or a growing e-commerce company.
Contact us — we will help you assess the risk and prepare your company before the dispute escalates.
The Omnibus Directive — new obligations that generate new disputes
The implementation of the Omnibus Directive on 1 January 2023 introduced obligations whose infringement has become one of the most common triggers for UOKiK proceedings in e-commerce.
Obligation to display the lowest price in the preceding 30 days
Whenever you announce a price reduction — on a product page, in a listing, in an advertisement, or in a sponsored post — you must state the lowest price applicable during the 30 days before the reduction was introduced (Article 4(2) of the Act on Information on Prices of Goods and Services).
This also applies to discount codes linked to a specific product — information about the lowest price in the preceding 30 days should be visible after the code is applied in the shopping cart.
Penalties: a Trade Inspection Authority fine of up to PLN 20,000 (first infringement) or up to PLN 40,000 (at least three infringements within 12 months). If UOKiK classifies the infringement as a practice harming consumers’ collective interests — a fine of up to 10% of turnover.
Result: UOKiK imposed a total of nearly PLN 37 million in fines on Zalando and Temu for failing to provide information about the lowest price in the preceding 30 days.
Other obligations under the Omnibus Directive
| Obligation | What it involves | Risk of infringement |
|---|---|---|
| Review verification | Providing information on whether and how you verify the authenticity of consumer reviews | Posting or commissioning fake reviews is a “blacklisted” unfair commercial practice — fine of up to 10% of turnover |
| Personalised pricing | Informing the consumer that the price has been individually adjusted on the basis of automated decision-making | Failure to provide information = infringement of the information requirement under Article 12 of the Consumer Rights Act |
| Ranking of offers | Providing information about the parameters determining the order of search results and identifying sponsored offers | Failure to identify a sponsored offer = “blacklisted” unfair commercial practice |
| Seller status on a marketplace | Disclosing whether the seller is a business or a private individual | Failure to provide information = misleading omission |
UOKiK is also actively combating the trade in fake reviews — it imposed fines totalling PLN 85,000 on Best-Review and SeoSem24 for selling fake reviews.
How to build an internal consumer dispute management system
A consumer dispute handled systematically can reveal more than a year of internal audits — because it exposes real gaps in the process through a live example. Below are the steps that will help you turn complaints chaos into a predictable process.
Step 1: audit the complaints process
Map the current path from the customer’s initial report to closure of the case. Identify points where:
- Clear rules are missing — who handles the initial contact and who escalates the matter to a lawyer.
- Deadlines are not monitored — is anyone tracking the 14-day response deadline?
- Responses are inconsistent across departments — do sales and support use the same template?
Step 2: dispute management playbook
Create an internal document that answers the following questions:
- Who responds to a complaint — and within how many hours of receiving it?
- What information do we collect from the consumer during the initial contact?
- What is the template for the initial response?
- When and to whom do we escalate the matter for legal review?
- Who decides whether to defend the company’s position or concede?
You can adapt the organisational model from the GDPR breach response procedure — the same logic applies: report → analysis → risk assessment → remedial action → documentation → review. The deadlines and legal grounds are different, but the process structure is analogous.
Step 3: centralised dispute records
Use one location — a CRM, ticketing system, or shared folder — to collect:
- The history of contact with the consumer (dates, content, channels).
- Draft responses and internal decisions.
- The version of the terms and conditions and returns policy in force on the transaction date.
- Proof of delivery, acknowledgements of receipt, and correspondence.
The goal: if the matter is escalated to UOKiK, you have a complete set of materials within 24 hours — without frantically searching through email inboxes.
Step 4: decision matrix
Work with a lawyer to establish rules that prevent management from making decisions under emotional pressure:
| Parameter | Defend the position | Negotiate | Close quickly |
|---|---|---|---|
| Claim amount | Low, complete documentation | Medium, arguments on both sides | High relative to the cost of defending the claim |
| Reputational risk | Low — private dispute | Medium — consumer active on social media | High — the case may attract media attention |
| Regulatory risk | No signs of escalation | Consumer refers to UOKiK | Letter from a consumer ombudsman or UOKiK |
| Recurrence | One-off incident | Second or third similar case | Pattern — the same gap is generating a series of claims |
Step 5: team training
Train your customer service and sales teams in three areas:
- Response deadlines — 14 days for a complaint, 14 days for a refund after withdrawal. Missing the deadline = acceptance of the complaint.
- Rules on withdrawal from a contract — 14 days without giving a reason. The consumer bears only the direct return costs unless the company has agreed to cover them.
- Limits of sales communications — what cannot be promised and what information must appear on the product page (Article 12 of the Consumer Rights Act).
Step 6: quarterly dispute review
Analyse recurring patterns:
- Does the same type of complaint arise regularly?
- Does the problem concern a specific product, category, or sales channel?
- Is the source the terms and conditions, the product description, sales communications, or the logistics process?
Fix the source, not the symptom. An e-commerce startup growing 3x year on year but still using the same complaints process it had when it handled 50 orders per month will generate an avalanche of enquiries — and then claims — when it reaches 2,000 orders.
Online reviews — the reputational aspect of a consumer dispute
The reputational cost of a single high-profile case can be many times greater than the value of the claim itself. A negative Google review or LinkedIn post is not merely an image problem — it is also an area regulated by law.
What you can do about negative reviews
- Respond factually. Do not get drawn into an argument. Confirm that you are aware of the matter and offer to discuss it directly. Avoid disclosing details that could weaken your legal position.
- Report fake reviews. If a review was not posted by an actual customer, you can report it to the platform (Google, Facebook, Trustpilot). Legal basis: the platform’s procedures + Article 24 of the Civil Code (protection of personal rights).
- Respond to defamation. If a review contains false statements of fact (rather than a subjective opinion), you can seek protection under Article 24 of the Civil Code (civil claim) or Article 212 of the Criminal Code (defamation — privately prosecuted).
- Do not remove genuine negative reviews. Selectively displaying only positive reviews infringes the Omnibus rules — UOKiK may classify this as an unfair commercial practice.
Crisis scenario
Prepare a procedure for potential media escalation:
- Who is the company’s spokesperson on the matter?
- What is the statement — brief, factual, and without admitting liability?
- Who coordinates the legal response alongside external communications?
- Who monitors online reviews while the dispute is ongoing?
Alternative dispute resolution — an alternative to escalation
Before a dispute reaches UOKiK or the courts, it is worth considering an out-of-court route. Directive 2013/11/EU (ADR) and the DSA Regulation provide a framework within which consumers and businesses can use certified dispute resolution bodies.
Features of alternative dispute resolution:
- The consumer may choose this route at any stage of the dispute.
- The outcome is not binding — it does not prevent court proceedings.
- Fees must be reasonable and proportionate.
- The body must be independent and possess expert knowledge.
For a company, this is a de-escalation tool — you can proactively propose ADR rather than wait for a complaint to UOKiK. The consumer sees that the company is taking the matter seriously. The regulator sees that the company is seeking a solution.
How we can help — support in consumer disputes
A consumer dispute is not merely a matter of responding to a complaint. It is a test of the consistency of your documentation, processes, and communications. We help e-commerce, SaaS, and D2C companies take control of disputes — before they turn into UOKiK proceedings.
Audit of terms and conditions and processes. We review terms and conditions of sale, returns policies, and product descriptions for compliance with the Consumer Rights Act and the Omnibus Directive. We check whether information requirements are being met — and whether the documents reflect what actually happens within the company.
Dispute management playbook. We design an internal procedure — from the initial response to a complaint, through escalation to a lawyer, to a “defend/negotiate/close” decision matrix. A template, not improvisation.
Support during a dispute. If a consumer has filed a complaint, a consumer ombudsman has sent a letter, or UOKiK has initiated a preliminary investigation — we help prepare the response, organise the documentation, and manage the case from start to finish.
Team training. We explain to customer service and sales teams which deadlines apply, what they may and may not communicate — and how to speak with consumers without generating evidence that could be used against the company.
A consumer dispute is feedback about your company
Every consumer dispute is a signal. It may concern a single dissatisfied customer — but more often, it reveals a gap in the terms and conditions, inconsistent communications, or the absence of a procedure that should have been in place long ago.
Companies that treat disputes as one-off incidents put out fires. Companies that treat them as a source of information about their own processes repair the wiring.
If you have a dispute that is beginning to escalate — or want to organise your processes before the first serious dispute arises — get in touch. We will help you assess the risk, prepare the documentation, and make a decision based on data rather than emotion.
Frequently asked questions
A customer is threatening to file a complaint with UOKiK — is this a real threat?
Yes. UOKiK is required to respond to consumer reports. A preliminary investigation takes an average of 4–5 months and may cover the company’s entire practice — not just one case. In 2024, UOKiK initiated 128 preliminary investigations into consumer matters. Do not dismiss the consumer’s warning as an empty threat — prepare a consistent response and organise your documentation.
What happens if we do not respond to a complaint within 14 days?
Failure to respond within 14 days to a complaint concerning non-conformity of goods with the contract results in the legal presumption that the complaint has been accepted (Article 561⁵ of the Civil Code, applied accordingly). The consumer’s demand — repair, replacement, or a price reduction — is treated as justified. Reversing this effect is extremely difficult. The only safeguard is an internal deadline monitoring system and response templates that are ready to send.
When is it worth contesting a consumer claim, and when is it better to pay and close the matter?
This decision should be based on four parameters: the amount of the claim, reputational risk, the risk of escalation to a regulatory authority, and recurrence of the problem. If the amount is low and the case could attract media attention — it is cheaper and wiser to close the matter. If you have complete documentation and the claim is unfounded — it is worth defending your position, because conceding may encourage further claims. Establish a decision matrix with a lawyer before time pressure arises.
A lawyer drafted our terms and conditions 3 years ago — how do I know whether they are still up to date?
New rules have applied since 1 January 2023 following the implementation of the Omnibus Directive and the change in the liability regime for defective goods (non-conformity with the contract instead of the statutory warranty in B2C relationships). If your terms and conditions do not cover the obligation to display the lowest price in the preceding 30 days, information about review verification, personalised pricing, or the hierarchy of consumer remedies (repair/replacement before a price reduction/withdrawal) — they need to be updated. Audit your terms and conditions for compliance with these changes.
We have received a letter from UOKiK — what does it mean and how much time do we have?
The letter may concern a preliminary investigation (you are not yet a party, but UOKiK is analysing your documents and practices) or formal proceedings (you are a party — you have the right to submit explanations and access the case file). The response deadline is stated in the letter — usually 14–30 days. Do not ignore the letter or respond without consulting a lawyer. The content of your response directly affects the subsequent course of the proceedings and the amount of any potential fine.
How should we organise the company so that consumer disputes do not require management involvement every time?
Create a dispute management playbook with a clear division of responsibilities: the customer service team handles cases up to a defined threshold (e.g. claim amount or escalation level), a lawyer becomes involved where there is regulatory or media risk, and management decides only on matters exceeding an agreed financial or reputational threshold. Centralised dispute records and a decision matrix eliminate the need for management to become involved in every case.
