A trial ended in mid-January 2021, in the course of which the Federal Court of Justice (BGH) confirmed: Emergency locksmith services that exploit consumers' emergency situation to demand excessive invoice amounts are engaging in usury. The finding is likely to have a signaling effect and at least simplify the actions of victims against criminal companies.

Rip-offs by dubious emergency locksmith services who charge several hundred or thousand euros for simply opening a door have been a constant nuisance for years. With this scam, those affected are supposed to pay bills that are many times over immediately in cash or by debit card. Fitters often put them under pressure on site by acting massively. But criminal convictions of perpetrators for usury have so far been legally controversial, to the annoyance of those affected and consumer advocates. A process only ended in mid-January 2021, during which the Federal Court of Justice defined being locked out of one's own home as a predicament, thereby simplifying the prosecution of perpetrators in the future.

“In order for the offense of usury to be met, the law requires the existence of a so-called predicament,” explains Yvonne Schmieder, consultant at the Saarland consumer advice center.

To date, not all courts have recognized being locked out of your own home as such a predicament. Other reasons had to be added, such as an infant left in the apartment. This is different now, the BGH has expressly confirmed the existence of a predicament due to being locked out.

“The groundbreaking ruling finally classifies the emergency situation of the affected consumers correctly under criminal law and creates the opportunity for investigative authorities to take effective action against the criminal emergency locksmith services,” says Schmieder, summarizing the significance of the decision.

The judgment is based on a legal dispute in Kleve (AZ 118 KLs 1/20). In recent years, a trial has taken place there against the operators of an emergency locksmith network, which led to a conviction in mid-January for commercial gang fraud, tax evasion and usury. This ruling also makes it clear that anyone who is exposed to excessive prices in an emergency situation has every reason to call the police.

It is, of course, even better if consumers are not put in the position of having to confront a criminal locksmith in the first place. For prevention or for a quick look at your own rights in an emergency, the consumer advice centers have the most important tips for commissioning emergency tradesmen services

For individual questions, consumers can seek advice from the Saarland Consumer Center. We are there for you even in times of Corona:

Source: Saarland Consumer Center


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