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Unwanted advertising calls: Help against telephone advertising

Unwanted advertising calls - you can do that!

Unwanted advertising calls cannot be prevented with absolute certainty. Even those who are registered in a public directory (for example in the telephone book) must expect telephone marketing. In the case of by far the largest number of advertising calls, however, the company claims that the customer has given his consent.

Have the commercial calls proven not accepted, you can take action against unsolicited telephone marketing yourself.

4 tips against telephone advertising without consent:

  1. In general, only give your phone number to companies if it is for them Contract processing absolutely necessary is.
  2. Pay attention to each time you sign a contract Clauses that allow your data to be stored and used for advertising purposes should - and delete them! Such clauses are usually overwritten with "data protection" or "data processing" and must be clearly distinguishable from the other text. They can be highlighted, for example, by a frame or bold type. You can subsequently ask companies to block your data for direct marketing purposes. A formulation aid can be found here.
  3. Contests are primarily used to collect data. Enter at the Participation in competitions therefore if possible not your phone number at. Or, if it is mandatory, you object to the use of all your data for advertising purposes. You can use our sample letter to help you with this.
  4. The Federal Network Agency can switch off phone numbers and impose sensitive fines on operators (currently up to 300,000 euros, in 2019 the authority imposed a fine of 100,000 euros on a telecommunications provider for telephone advertising). For this, however, the authority depends on your information.
    Therefore, report unwanted advertising calls to the Federal Network Agency without consent. You can do this directly here using the Federal Network Agency's online form. Alternatively, you can also send an email to the Federal Network Agency phone number [email protected] write.
    The following applies: the more information you can give about the advertising call, the easier it is for the Federal Network Agency to investigate the case. Make a note of the immediately after the advertising call Time, the Phone number as what advertised during the phone call becomes.

Contracts concluded on the phone

Contracts that you conclude over the phone are also valid without written confirmation.

The only exceptions are:

  • Contracts on the Participation in competitions
  • Contracts with Lotteries

But: You can usually revoke contracts concluded by telephone. You are then no longer bound by the contract. The The withdrawal period is at least 14 days. In the case of sales contracts, for example, this period only begins when you have received the goods and, in the case of contracts for services or electricity contracts, when the contract is concluded. However, the period does not begin before the entrepreneur has informed you of the right of withdrawal.

If you have not been informed of the right of withdrawal, the right of withdrawal expires after 12 months and 14 days at the latest. In cases of doubt, you can have your contract checked at a consumer advice center.

Your right of withdrawal from service providers

The right of withdrawal expires in the case of a service if the entrepreneur has provided the service in full and has only started to execute the contract after the consumer has given his express consent. In addition, the right of withdrawal only expires if the consumer has simultaneously confirmed his knowledge that he will lose his right of withdrawal if the contractor has completely fulfilled the contract. Some contracts do not have a right of withdrawal - for example, contracts for transport services or time-bound leisure activities (e.g. concert tickets).

You must declare your revocation to your contractual partner. To do this, you can use a sample cancellation form that the provider must provide you with. It is not enough to simply send the goods back. You do not have to provide a reason. Since you have to prove the dispatch of the revocation in the event of a dispute, it is advisable to send the revocation by registered mail (e.g. by registered mail).