Sfam / Indexia mobile insurance (distributed via Fnac/Darty): undue premium deductions, even after termination

Wind of anger against Indexia

BFM Business returns today to the Sfam / Indexia file. In recent weeks, 134 consumers have taken legal action against the questionable practices of the insurer Indexia. In the interim order that BFM Business consulted, the courts obliged two companies of the Indexia group, Sfam and Foriou, to communicate the contracts concerned. A victory for their lawyer, master Emma Leoty, who now believes to prove the scam.

SFAM: 5,446 euros withdrawn too much!

A customer took out a contract with the former Société française d’assurance multirisque (Sfam) when he bought a mobile phone from Mobistore in 2011. This theft insurance costs 16.99 euros per month. Except that in five years, Sfam has unduly taken 6,466 euros in total, via 200 transactions, six times more than provided for in the contract. The client was also debited 2,126 euros by Foriou, another company of the Indexia group, without ever having signed a contract with it. “Sfam and Foriou exchanged bank details“, explains their lawyer, Emma Leoty. The company appealed this decision but had reimbursed these customers just before the interim measures last summer.

Group complaint of 134 consumers

The consumer lawyer will return to plead in April for a group procedure of 134 consumers in total, who have on average been defrauded of 4,000 euros each in five years. All have taken out insurance with Sfam when purchasing electronic products and mobile phones, especially at Fnac-Darty but also at distributors of Orange and SFR. Since then, all these brands have terminated their contracts with Indexia.

In the crosshairs of the DGCCRF since 2019

Indexia had been targeted by the repression of fraud (DGCCRF) from 2019. The Ministry of the Economy investigated and proved, in March 2019, “misleading commercial practices”, according to an order from the Paris Court of Appeal. To avoid criminal prosecution, Indexia compromised with the courts by agreeing to pay a fine of 10 million euros. At the end of 2019, the administration received new complaints from consumers. In nine months, 759 complaints have been filed with the departmental directorate for the protection of populations in Drôme, where Indexia is based. Again for similar practices, undue debits and request for termination of contract not taken into accountwhich continued.

The DGCCRF therefore opened a second investigation in early 2020. And in September of the same year, judicial seizures took place at the company’s premises in Paris and in its stronghold of Roman sur Isère. The investigation concluded that Indexia’s commercial policy had “for the purpose of indicating to the customer who makes a request for termination, that it is taken into account when it is not, in order to maintain the direct debits on the bank accounts“. It is rumored at the courthouse that new criminal proceedings are underway against Indexia and its boss Sadri Fegaier. And that Fnac Darty could be at the origin of it.

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Sfam / Indexia mobile insurance (distributed via Fnac/Darty): undue premium deductions, even after termination


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