Berlin / Cologne. Consumers have never been called so often without being asked. The Federal Network Agency received more than 63,000 complaints last year – a new high. “This is a constant issue that is not going to die out,” says Carola Elbrecht from the Federation of German Consumer Organizations (vzbv). “Although the consumer advice centers and the Federal Network Agency are constantly taking action against unauthorized telephone advertising, it seems to be worthwhile for the companies.”
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Actually, advertising calls to consumers are only allowed if the person called has given their consent beforehand, says attorney Harald Rotter, member of the General Attorney Working Group of the German Lawyers’ Association (DAV). “Very few people knowingly allow that. However, companies often access the data in free competitions and get confirmation that they are allowed to pass on the data for advertising purposes. “
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In the event of a dispute, such consent can be sufficient if the advertiser can prove it. However, the companies have not always actually received a permit. If you don’t want the phone to ring all the time, you can defend yourself. Together with a lawyer, consumers can take legal action against the company by issuing a warning. Some lawyers only charge a low flat fee for this.
“Often, however, it is enough to ask the company to provide evidence that they have given their consent to telephone advertising,” says Harald Rotter. “They then usually know that there is a threat of a warning and delete the telephone number.” If consent has been given, consumers can request the deletion of their data.
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Send cancellation directly
Actually, such an agreement, which was foisted on consumers, is not effective at all. In theory, they could just be ignored. “But the companies insist on their demands. They insist that there is a contract and want to see money, ”says Elbrecht. Sometimes they also send the debt collection agency in front.
Lawyer Rotter therefore recommends that such a contract should be revoked immediately. “As soon as the contract is confirmed, consumers should react. If you received the confirmation by e-mail, it is best to send an e-mail directly back with the revocation.
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And in addition, to be on the safe side, you should invest the money and also send a registered letter with acknowledgment of receipt. ”Dubious companies tend to ignore such letters, he reports from his consulting practice. Free sample letters are available from consumer advice centers.
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Consumers have 14 days to withdraw their consent, the period starts from the conclusion of the contract or from the delivery of the goods. “By the way, nobody has to send back goods that have not been ordered. Instead, the sender is responsible for getting them back, ”says Carola Elbrecht, who is a consultant in the digital market monitoring team.
So that it doesn’t even get to the point where order confirmations or packages are sent unsolicited, there are a few tips for the phone call. So it makes sense to follow up critically and to write down the phone number, date and time in addition to the company name. A few bullet points on the content of the conversation can also help if the company issues a warning later.
Summary at the end
“At the end of the conversation, summarize again what you have agreed on. For example, on free samples without a contractual obligation. This also shows the caller that you haven’t fallen on your head, ”confirms Elbrecht.
Consumers should not divulge sensitive data such as date of birth, address or even bank details when making such calls. If all of this is too much for you, you can simply hang up on uninvited calls. tmn
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