Ruling: Telecommunications providers may not take customers by surprise
A Vodafone customer was supposed to confirm a tariff change by clicking on an e-mail link during an advertising call. The Munich judges say, this is not ok.
(Image: Gajus/Shutterstock.com)
The Munich Regional Court I has put a stop to virtual pressure groups from telecommunications service providers. Specifically, a recently decided case concerns an advertising call by Vodafone to persuade a customer to switch tariffs. During the call, the consumer concerned received an e-mail with a contract summary for the Internet offer made. The Vodafone employee asked the customer to confirm the offer by clicking on a link to place the order. The judges consider this to be unlawful. According to them, consumers must have sufficient time to check the contents of the contract before giving their consent.
The Federal Association of Consumer Organizations (vzbv) brought an action against Vodafone Germany's approach. According to the recently published ruling from April 22 (case number 4 HK O 11626/23), the regional court agreed with the consumer advocates' view that such a sales method violates the Telecommunications Act (TKG). Since December 2021, providers have been obliged to provide consumers with a clear and easy-to-read contract summary before they make their decision.
According to the 4th Chamber for Commercial Matters, the purpose of this requirement is also to enable consumers to decide "in full knowledge of the facts" whether to make a contractual declaration. Furthermore, they must be able to make a comparison with other offers from other service providers. This requires a certain period of time between the sending of the information sheet and the submission of the contractual declaration. During an ongoing telephone call, a consumer "does not really have the opportunity" to look at the key points of a new tariff.
Vodafone does not want to accept the judge's ruling
The judges also recognize a violation of the Unfair Competition Act (UWG) in the practice complained of, as the relevant TKG regulation also protects the interest in information and the freedom of choice of consumers in relation to other market participants. They ordered Vodafone to pay the plaintiff EUR 260 plus interest and to bear the costs of the legal dispute. Should the defendant act in the same way again, it faces a fine of up to 250,000 euros.
The vzbv board member Ramona Pop welcomed the decision, saying that there is a risk that consumers "will be persuaded to conclude contracts that they would rather say no to on closer inspection". Existing or potential new customers need sufficient time. This is impossible in the middle of a conversation with a sales employee. The ruling is not yet legally binding. Vodafone has lodged an appeal with the Munich Higher Regional Court (case no.: 6 U 1815/24e). The action is based on a tip-off from the vzbv's Digital Market Observation. According to reports from consumers, the prohibited procedure also affects other telecommunications providers.
(mma)
