Advertising calls: According to the court, changing tariffs during telephone calls is not allowed

The Munich Regional Court I has banned virtual pushers from telecommunications service providers. Specifically, the recently decided case concerns an advertising call from Vodafone that was intended to persuade a customer to change his tariff. While the negotiations were still ongoing, the consumer concerned received an email with a contract summary for an Internet offer. The Vodafone employee asked the customer to confirm the offer by clicking on the included link to place an order. The judge considers this illegal. According to him, consumers should have sufficient time to check the contents of the contract before agreeing.

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The Federal Union of Consumer Organisations (vzbv) sued Vodafone Germany over its actions. The district court concluded accordingly Now the decision of 22 April has been published (File No. 4 HK O 11626/23) agrees with the opinion of consumer advocates that such a sales practice violates the Telecommunications Act (TKG). Accordingly, from December 2021, providers are obliged to provide consumers with a clear and easy-to-read contract summary before they make their decision.

According to the Fourth Chamber of Commercial Affairs, the meaning and purpose of this requirement is that consumers can decide “with full information on the matter” whether to make a contractual declaration or not. In addition, they must be able to compare it with other offers from other service providers. This requires a certain period of time between the sending of the information letter and the submission of the contractual declaration. During an ongoing telephone call, a consumer “does not really have the opportunity” to look at the main points of the new tariff.

Vodafone does not want to accept the judge’s decision

The judge also considers that the practice complained about is a violation of the law against unfair competition (UWG), as the relevant TKG regulation also protects consumers’ interest in information and their freedom of choice in relation to other market participants. He ordered Vodafone to pay the plaintiff 260 euros plus interest and to cover the costs of the legal dispute. If the defendant repeats the practice, it could face a fine of up to 250,000 euros.

Vzbv board member Ramona Popp welcomed the decision, saying there is a risk over the phone that consumers “will be persuaded to conclude contracts that, after a closer look, they would prefer to refuse.” Existing or potential new customers will need sufficient time. This is impossible in the middle of a conversation with a sales representative. The decision is not yet legally binding. Vodafone has filed an appeal with the Munich Higher Regional Court (case number: 6 U 1815/24E). The lawsuit is based on a tip received from the vzbv’s digital market overview. According to reports from consumers, the prohibited procedure also affects other telecom providers.

(MKI)