Can I take legal action against illegal telemarketing calls?
January 2, 2024 | 50,00 EUR | answered by Simon Büchner
Dear Civil Law Attorney,
I have recently been receiving an increasing number of unwanted telemarketing calls and am wondering if there is any legal action I can take against them. The calls often come at the most inappropriate times and significantly invade my privacy. These calls are not only annoying, but also harassing.
I have already tried politely asking the callers to remove me from their call lists, but without success. Even registering with the Robinson list has not improved the situation. I feel powerless against these unsolicited telemarketing calls and am wondering if there are any legal steps I can take.
Are there laws that protect me from unauthorized telemarketing calls? What legal options do I have to address these harassments? Can I claim damages or enforce injunctions? I would like to know what steps I can take to effectively defend myself against unwanted telemarketing calls.
Thank you in advance for your support and advice.
Best regards,
Alexander Hemminger
Dear Mr. Hemminger,
Thank you for your inquiry regarding unwanted telemarketing calls and your question about whether you can take legal action against them. Unwanted telemarketing calls can indeed be a significant nuisance, and in many countries there are laws aimed at protecting consumers from such calls. In Germany, the law against unfair competition (UWG) is particularly relevant in this regard.
According to § 7 UWG, unreasonable nuisances such as unwanted telemarketing calls are prohibited. Companies may only contact consumers unsolicited if they have obtained explicit consent to do so. Therefore, if you have not given explicit consent to be contacted, you can take legal action against the unwanted calls.
To address unwanted telemarketing calls, you can take various steps. Firstly, you should politely but firmly ask the caller to remove you from their call list. If this proves ineffective, you can file a complaint with the Federal Network Agency. The Federal Network Agency is responsible for monitoring and regulating the telecommunications market and can take action against companies engaging in unlawful telemarketing calls.
Furthermore, you have the option to take legal action to defend yourself against unwanted telemarketing calls. For example, you can hire a civil law attorney to assert injunction claims against the callers on your behalf. Additionally, you can also claim damages if you have suffered financial or intangible harm as a result of the unwanted calls.
Overall, you have various legal options available to combat unwanted telemarketing calls. I recommend contacting a civil law attorney who can examine your situation more closely and assist you in enforcing your rights.
I hope this information is helpful to you and I am available for any further questions you may have.
Best regards,
Simon Büchner
