Broadcasting fee: Class action against contribution service providers underway

On Tuesday, the Federal Office of Justice (BfJ) published an action brought by the Federation of German Consumer Organizations (vzbv) against SSS-Software Special Service GmbH in the register of actions on its website. The company is a service provider for registration, deregistration and re-registration with the ARD, ZDF and Deutschlandradio contribution service. The provider charges a fee online at www.service-rundfunkbeitrag.de for processes that are actually free of charge. The vzbv accuses the provider of not making this sufficiently clear. Consumers and small businesses can now register their claims or legal relationships against debt collection by SSS in the class action by entering them in the register. This is free of charge. There is also no risk of legal costs for those affected who join the lawsuit.

Background: Anyone who moves house or changes their bank details often has to inform the public broadcaster's contribution service of this. This is free of charge on the official website www.rundfunkbeitrag.de. On service-rundfunkbeitrag.de, on the other hand, consumers initially had to pay 29.99 euros for this step, which has now risen to 39.99 euros. According to the vzbv, the fee is not transparent enough. The association has therefore filed the class action against SSS as a so-called remedial action with the Koblenz Higher Regional Court. If the proceedings are successful, those affected who have joined this initiative will receive a direct refund. The vzbv explains how the entry in the register of complaints is made in a "complaint check". Consumers can also use this to clarify whether the legal proceedings are suitable for their individual case.

SSS has admitted incorrect withdrawal instructions

"According to our estimates, more than 90,000 consumers had to pay for a service that they could have received free of charge from the official body," reports Sebastian Reiling, a consultant in the vzbv's class action team. This is also due to the fact that the company sued had temporarily advertised its website via Google ads. As a result, the offer in question was presented more prominently to users of the search engine than the offizielle homepage of the public broadcasters' contribution service. The BfJ recommends using the online option to join. Those affected who do not have Internet access can request the form in writing. It is possible to register claims for the lawsuit up to three weeks after the end of the hearing.

If consumers have used the offer by June 27, 2024, they can also reclaim their payment directly from SSS by revocation. This is because, according to the company, the withdrawal policy on the controversial website was incorrect until this date. The consumer advice center offers a sample letter for this purpose. Even before the vzbv filed a parallel action for injunctive relief, the service provider had announced that it would accept revocations for contracts concluded up to this date. However, the vzbv has evidence that SSS often does not transfer back amounts that have already been paid. According to the association, anyone affected by this should also use the complaint check.

(mki)