How can I defend myself against unwanted telemarketing calls?
July 8, 2022 | 50,00 EUR | answered by Friedhelm Krebs
Dear lawyer,
I have been dealing with an increasing number of unwanted telemarketing calls lately and feel harassed and disturbed by them. The calls usually come at the most inappropriate times and I have already requested multiple times to be removed from their call lists. Unfortunately, without success, the calls just won't stop.
I have tried to complain to the Federal Network Agency, but I am unsure if this is the right approach and if it will have any effect. I feel powerless and would like to know what legal options are available to me to defend myself against these unwanted telemarketing calls.
Can you please explain to me what steps I can take to stop the calls and what legal consequences the companies can expect if they continue to harass me despite my request? Are there specific laws that protect me as a consumer from such harassment and how can I effectively use them?
Thank you in advance for your support and advice.
Sincerely,
Petra Raab
Dear Ms. Raab,
I understand your situation and can empathize with how annoying and disruptive unwanted telemarketing calls can be. It is important that you do not feel powerless, as there are indeed legal options available to defend yourself against these calls.
First and foremost, it is important to know that unwanted telemarketing calls in Germany are regulated by the Act against Unfair Competition (UWG). According to § 7 UWG, harassment through advertising is prohibited. This means that companies are not allowed to call you unsolicited to offer you promotional material without your explicit consent.
So, if you have already asked multiple times to be removed from the call lists and the calls still continue, it constitutes as harassment. In such a case, you have the right to take legal action against the company. You can start by sending a written complaint to the company and demand that they stop the calls immediately. If the company continues to make unauthorized calls, you can involve a lawyer and possibly issue a warning.
Furthermore, you can also contact the Federal Network Agency to complain about unwanted telemarketing calls. The Federal Network Agency is responsible for regulating the telecommunications market and can impose fines on companies that violate the law in such cases. It is important that you gather all relevant information about the unwanted calls to provide to the Federal Network Agency.
Additionally, you can also register your phone number in the so-called "Robinson List". Companies are required to check this list before calling potential customers and are not allowed to call individuals who are listed there unsolicited.
Overall, there are various legal options available to defend yourself against unwanted telemarketing calls and to compel companies to comply with legal regulations. If you need further assistance, I am happy to help.
Best regards,
Friedhelm Krebs
