Verdict: 1N Telecom pretends to be in contractual relation with Deutsche Telekom
The Local Court of Leipzig confirms to a defendant that no contract is concluded with 1N Telecom in the event of an alleged tariff change.
How many telephone lines would an elderly Saxon woman like to have?
(Image: Daniel AJ Sokolov)
Consumers repeatedly mistake letters from 1N Telecom for offers from Deutsche Telekom and agree to supposed tariff changes. However, this usually does not result in a contract. At least this is what the Leipzig District Court says in a judgment available to heise online (Ref.: 109 C 1409/24).
The reason for this is a lawsuit brought by 1N Telecom against an "elderly" consumer for contract fulfillment and tariff payment, among other things. However, the person concerned was "apparently foisted with an unusable and superfluous second landline contract" under the pretense of a contractual relationship between the plaintiff and Deutsche Telekom.
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In its decision, Civil Division I of the Local Court therefore revoked an enforcement order issued by the Hagen Local Court in February and dismissed the action brought by 1N Telecom. The DĂĽsseldorf-based company must bear the costs of the legal dispute. The judges in Leipzig did not allow an appeal, as the case was not of fundamental importance and there was no need for potential further development of the law.
The senior citizen wanted to keep her old contract, according to the reasoning. It could also not be assumed that the duped woman "wanted to conclude and pay for another landline contract". Therefore, the porting of the telephone number expected by the plaintiff did not take place. According to Leipzig District Court, a claim for damages is ruled out because, according to the files, the senior citizen did not express any contractual intent.
Consumer advocates see themselves vindicated
Beate Landgraf, a lawyer at the Saxony Consumer Advice Center, welcomes the ruling. It "confirms our view" that no contract was concluded with 1N Telecom. Unfortunately, Deutsche Telekom's namesake "will not stop" sending consumers mailshots despite investigations by the public prosecutor's office and various lawsuits. Many of those affected also shy away from legal action and prefer to pay. The ruling is "another argument" for not giving 1N Telecom any money.
1N Telecom has been irritating consumers for many months with unsolicited advertising mail and alleged competitions. The provider advertises a DSL tariff or free landline calls to mobile numbers, for example. The letters are addressed personally and contain the number of the person's current Deutsche Telekom line. Citizens accept the offer in the belief that they are only switching tariffs with Deutsche Telekom, consumer protection experts have long warned. In reality, however, it is about changing providers.
The German Federation of Consumer Organizations (vzbv), among others, has obtained a court order that 1N Telecom may no longer use certain clauses. These clauses stated, for example, that customers had to transfer their previous telephone number. In September, the vzbv referred to over 11,000 complaints from those affected. The Federal Network Agency is said to have been able to stop around 15,000 unwanted switches to 1N Telecom in 2023. The vzbv is considering a class action lawsuit. Those affected can take part in a short survey. In February, Telekom assured that it would continue to exhaust "all legal means and avenues available to it" to "stop 1N Telecom's misleading customer approach".
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