Beschwerde über unerwünschte Telefonanrufe (Privathaushalte)

• § 7 Gesetz gegen den Unlauteren Wettbewerb (UWG) – Unzumutbare Belästigungen
• § 8 UWG – Beseitigung und Unterlassung
• EU-Richtlinie über unlautere Geschäftspraktiken

Unsolicited advertising calls are not permitted and are also anticompetitive. Only if you as a customer have given your consent to the use of your data may you be called for advertising purposes.

As a consumer, you can ask the caller not to call you again without your consent. You also have the option of contacting the consumer advice centre. Under certain circumstances, the consumer advice centre can issue a warning to the calling company (claim a "cease and desist order").

When is an advertising call permissible?

• if you have expressly asked the calling company by telephone or in writing for information on a product or service by telephone
• if you show your consent by "conclusive behaviour". This means that you are a customer of the calling company, have concluded a contract with them and have provided your telephone number. However, even then, advertising calls are only permissible to the extent that they concern the already existing contractual relationship

Example: Your telecommunication service provider, with whom you have concluded a contract for a fixed network connection, may not call you to advertise a mobile phone contract.

Notes as shown under procedure.

You receive an advertising call without having given your consent.

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If you have received an advertising call from a company without your consent, you should pass on the following details to the consumer advice centre:

• Name of the company
• Name of the caller
• Date of the call
• Time of the call
• Reason for the call

In especially serious cases, the consumer advice centre will request the company not to make any unsolicited advertising calls in the future. If the company does not agree to do so, the consumer advice centre can enforce the competition law claim against the company in court.

If the company does not comply with its declaration or the court decision, it must pay a contractual penalty or an administrative fine.

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non applicable