In this position paper, AmCham warns that the application of the Consumer Credit Act to telecom operators, particularly in relation to interest-free installment sales of devices, would represent a disproportionate regulatory and administrative burden that is not aligned with the purpose of the CCD2 Directive. The industry emphasizes that telecom operators are not credit institutions and that installment-based device sales constitute an ancillary activity connected to the provision of telecommunications services rather than a financial product.

The position paper further highlights that the telecommunications sector is already comprehensively regulated through existing legislation governing electronic communications, consumer protection, and civil obligations, including rules related to transparency, debt collection procedures, contract termination, and consumer protection. Introducing additional obligations under the Consumer Credit Act would result in overlapping regulatory requirements, increased administrative costs, and more complex procedures for consumers, particularly in digital sales channels.

AmCham also warns that the proposed solutions could negatively affect the consumer experience through slower and more complicated device purchasing processes, additional requirements for submitting personal data, and inconsistent procedures and deadlines for contract termination. Particular concern is raised regarding the risk of legal uncertainty arising from the parallel application of multiple regulations to the same relationship between operators and consumers.

In light of the above, AmCham proposes a complete exemption of telecom operators from the application of the Consumer Credit Act in relation to interest-free installment-based device sales. Should a full exemption not be accepted, AmCham proposes a partial and proportionate application of the Act limited only to obligations not already regulated by sector-specific legislation, together with an appropriate transitional period to allow businesses sufficient time to adapt their processes and IT systems.