How can I defend myself against unauthorized telemarketing calls?
February 9, 2023 | 50,00 EUR | answered by Anna Fuchs
Dear lawyer,
I am contacting you with an urgent question regarding unsolicited telemarketing calls. Lately, I have been receiving an increasing number of calls from various companies trying to sell me products or services. These calls not only disturb me in my daily life, but also cost me time and nerves. I have already asked the callers several times to leave me alone, but without success.
I find it particularly burdensome that these calls also occur outside of normal business hours, therefore violating my privacy. I feel harassed and wonder if there are legal options to defend against these unsolicited telemarketing calls.
Could you please provide me with information on what legal steps I can take to protect myself from unwanted telephone advertising? Are there specific laws or regulations that support me in such cases? What measures can I take to stop the unsolicited telemarketing calls and protect my privacy?
Thank you in advance for your help and advice.
Sincerely,
Eiko Lindenberg.
Dear Mr. Lindenberg,
Thank you for your inquiry regarding illegal telemarketing calls. It is understandable that you feel harassed by these calls and are looking for legal options to defend yourself against them. Indeed, there are legal regulations in place to protect you from unwanted telephone advertising and help you stop it.
First and foremost, it is important to know that in Germany, illegal telemarketing calls are regulated by the Unfair Competition Act (UWG). According to § 7 UWG, telephone advertising to consumers is generally only allowed if they have explicitly consented to it. This means that companies are only allowed to call you to offer products or services if you have explicitly agreed to it.
If you have not given consent for telephone advertising and still receive unsolicited calls from companies, it is considered illegal telemarketing. In this case, you can take legal steps to defend yourself. You have the right to prohibit the unwanted calls and request companies to stop contacting you in the future.
To stop illegal telemarketing calls, I recommend the following measures:
1. Register with the so-called "Robinson List." This list is maintained by the German Dialogue Marketing Association (DDV) and is designed to prevent telemarketing calls. Companies that are members of the DDV are not allowed to use registered phone numbers for advertising purposes.
2. Demand in writing from the companies that are calling you illegally to delete your phone number from their database and refrain from contacting you in the future.
3. If companies continue to make illegal telemarketing calls despite your request, you can file a complaint with the Federal Network Agency. The Federal Network Agency is responsible for monitoring and penalizing illegal telephone advertising.
4. As a last resort, you can also seek the assistance of a lawyer who can provide you with legal advice and potentially issue a warning or file a lawsuit against the companies.
I hope this information is helpful to you and assists you in defending yourself against illegal telemarketing calls. If you have any further questions or need legal assistance, I am happy to help.
Sincerely,
Anna Fuchs
