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Legal dispute: Termination too confusing: 1&1 loses in court

Legal dispute termination too confusing: 1&1 loses in court

With a cancellation button, consumers can get rid of their contracts without having to search and write letters. photo

© Andrea Warnecke/dpa-tmn/dpa

Customers must be able to cancel a contract easily and quickly online. From the court’s perspective, this was not the case on the website of the telecommunications provider 1&1.

Because it was too difficult and confusing for customers to cancel their contract, 1&1 has to make improvements to its website. This is what the Koblenz Higher Regional Court (OLG) decided. The telecommunications group was defeated in one Legal dispute with the North Rhine-Westphalia consumer advice center. The provider’s online termination therefore does not comply with the legal requirements. The judgment is final.

Since July 2022, a cancellation button on websites has been required by law. Customers should be able to terminate contracts as easily as possible without having to search and write letters. Examples include mobile phone contracts, subscriptions, contracts with fitness studios and streaming services. However, from the point of view of consumer advocates, this was not sufficient at 1&1. That’s why they warned the company and sued in the second instance.

The court agreed with the consumer advice center. On the 1&1 website, where customers can confirm their cancellation in a second step, a conspicuous button called “Cancellation Assistant” catches their eye, according to the judgment of the Koblenz Higher Regional Court. However, contrary to what is required by law, this did not allow them to cancel the contract directly, but rather to log in to their customer account. According to the judges, the confusing design causes confusion and makes access to termination more difficult.

1&1 wants to examine the judgment and “make any necessary adjustments promptly,” the company said upon request.

dpa

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