A consumer who has not lived in Germany for long and is in the process of learning German receives a call informing her that she has won a competition. In addition to the prize, the caller promises the consumer a free magazine subscription. The consumer is happy - but instead of winning, a request for payment from a magazine distributor arrives in her mailbox shortly afterwards.

What happened?

The consumer took part in an online competition and disclosed her data. This is how the magazine distributor got the consumer's phone number. The caller is actually an employee of a magazine distributor, but did not identify himself as such on the phone. The consumer took out a paid subscription under the guise of an alleged profit.

How does the consumer advice center help?

The consumer came to the Bremen consumer advice center in Hemelingen with a payment request. She described the case to legal advisor Marja Sterk using a translator app. She was able to reassure the consumer and inform her of her rights. Marja Sterk described the situation to the magazine distributor and asked the company to terminate the contract and not to send any further payment requests. “The company complied with this request,” says Marja Sterk. “The consumer didn’t have to pay anything.”

Legal classification

No matter whether it is about a competition, supposed gifts or whether you should buy something: “Telephone advertising is prohibited unless you have expressly agreed to it beforehand. If a company you don’t know calls for advertising purposes without your consent, the telephone call is not permitted,” says Marja Sterk.

Anyone who concludes a subscription contract - be it on the phone, at the front door, on the street or online - has 14 days to cancel it without giving reasons. “If the contract was concluded unknowingly and the provider did not provide proper information about the right of withdrawal, a longer period of one year and 14 days applies,” adds Marja Sterk. In case of doubt, the company must prove that the customer has actually taken out the subscription.

The magazine distributor in this case is known for foisted contracts. “Consumers should definitely respond to the letters. Otherwise, the requests for payment will increase and the amount demanded will keep getting higher,” warns Marja Sterk. “If you are unsure or have any questions, come to my quarters.”

Those affected can contact the Bremen consumer advice center .

Source:

Bremen Consumer Center

Also read:
Refund fraud: A growing threat to online retail
Refund fraud: An insider reports on tricks, scams and the impact on online retailers like Amazon
Beware of fake invoices from “Commercial Register Entry” or “Central Paying Office Justice”


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