Phone adverts
August 4, 2009
The Justice Ministry said that advertising products and services on the telephone can only take place with the express prior consent of consumers.
The ministry also said that if business enterprises violate the law, they could expect fines of up to 50,000 euros ($72,000).
Moreover, callers advertising their products will not be allowed to suppress their telephone number, which will make it easier to take action against offenders. Business enterprises that violate this provision can face fines of up to 10,000 euros.
Meanwhile, the Bonn-based Federal Telecommunications Agency, an umbrella organization for telecommunications, postal, electricity, gas and other markets has called on consumers to assist by exercising caution when divulging personal data.
The agency also urged consumers to play an active role in pursuing offenders. Consumers with grievances can find the relevant complaint form on the Internet, and would have to provide details such as the date and time of an unauthorised call, the caller’s name and, if possible, the caller’s number, name of the enterprise and the reason for the call.
The agency said that it would be possible to expose and eventually penalize offenders only if detailed complaints were made.
With the new law kicking in, it will also become easier for consumers to cancel contracts entered into over the telephone. Marking a departure from past practice, the right to revoke also applies to newspaper and magazine subscriptions, as well as lottery contracts, with immediate effect.
The Justice Ministry said unauthorized telephone advertising was particularly rampant in those sectors, adding that revoking a contract would be possible regardless of whether a contract has been agreed on during a call made with or without the consumer’s consent.
Consumers can revoke the contract between two and four weeks after the telephone agreement, and the period begins only after the consumer has been instructed in writing about his or her right of revocation.
rb/Reuters/dpa/AFP
Editor: Susan Houlton