Friday, May 15, 2009

More protection against pushy salesmen.

"Phone number is suppressed" - Callcenter may no longer hide behind the claim, if they call unsuspecting citizens to newspaper subscriptions or perceived Glückslose for sale. And who ordered something on the phone, can easily reverse order soon.


Berlin - Telefonvermarktern be closer limits. The industry, which often unwanted calls to customers by surprise and pushing operations, it will be difficult. After the Bundestag voted on Friday, the Chamber of countries for stricter regulations in the fight against illicit phone advertising.

None Advertising: Consumers will be better protected from unwanted sales calls protected

With the new rules should be easier for citizens by telephone contracts may resign. A comprehensive Widerrufsrecht enables them to place orders again to reverse. Moreover threatening call centers that work with suppressed numbers, sentences of up to 10,000 euros. May be called only those who previously expressly for such calls has given his consent ( "opt-in" procedure). In cases of infringement, so-called Cold Calling, threatening a fine up to 50,000 euros.

In practice, this approval is connected but often, even if this does not realize is that appropriate consent ergaunert the industry is happy with tricks such as the notorious among the small games. Or it connects a service - for example the award of interest-free loan to the Electric Discounter - on the agreement, the address "to others for advertising purposes." Even in cases where the consumer to share their data freely, there is the phone advertisers such thing as approval.

Many companies call whistle, however, to such formalities: they harass consumers without a permit and provide data from which you can close, who is on call, preferably only when it becomes clear that an interest of the customer.

Consumer Protection Minister Ilse Aigner (CSU) said: "The prohibition of unauthorized advertising telephone calls in the past, some have been systematically ignored. The air is thin for now advertising annoying callers." The agreed package of measures specifically put there to indicate where problems had arisen: in the most affected by telephone advertising industries such as gaming and lottery services in the enforcement of consumer rights and in conflicts over untergeschobene contracts in connection with telephone advertisements.

The most significant changes at a glance

Contracts for the supply of newspapers, periodicals and magazines as well as gaming and lottery services can be without giving any reason, as has been the case with all other contracts on the phone is possible. It is for the right of withdrawal does not matter whether the advertisement call was illegal.
If the consumer time revoke a contract has, he needs him to fulfill. That means he must not pay back orders. The deadline for a timely withdrawal is - depending on the circumstances of the case - two weeks or a month. You will only begin when the consumer a notice on his right in text form (such as your e-mail or fax) received. For illicit advertising calls, the minimum time a regular month.
The right to call for promotional lotteries or magazine and newspaper subscriptions is now a month.
If the consumer about his right not taught in text form, it may Contracts for services, which he on the phone or on the Internet has, henceforth revoked. That right there is not, if a company with the execution of the service without the express consent of the consumer or the consumer started the execution itself has been held.
Phone contracts, with those so-called "circuit in the background", such as for example electricity, gas or telephone company bills, will only be effective if the consumer has confirmed in writing.

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