How can I defend myself against unauthorized advertising calls from my competitors?
June 17, 2022 | 30,00 EUR | answered by Georg Sauer
Dear Competition Law Attorney,
My name is Alice Zellerbach and I run a small business in the cosmetics products industry. Lately, I have been increasingly harassed by unsolicited advertising calls from my competitors. These calls not only disrupt my workflow, but are also a clear violation of competition law.
The situation is very distressing for me as I fear that these unsolicited advertising calls from my competitors could negatively impact my business. I have tried to block the calls, but they keep coming from new numbers or withheld numbers.
I am concerned that these unfair practices by my competitors could damage my reputation and sales. Therefore, I am wondering if there are any legal actions I can take against these unsolicited advertising calls. Are there any ways for me to effectively defend myself against this harassment and protect my business interests?
I would greatly appreciate it if you could assist me with your expertise in competition law and provide me with possible solutions. I am willing to take the necessary steps to address these unfair practices and secure my business success.
Thank you in advance for your support.
Sincerely,
Alice Zellerbach
Dear Mrs. Zellerbach,
Thank you for your inquiry regarding the unsolicited advertising calls from your competitors that are harassing you in your cosmetics company. It is understandable that you are concerned about your business operations and want to protect your business interests. As a lawyer specializing in competition law, I can help you in this matter and show possible solutions.
Unsolicited advertising calls from competitors can indeed constitute a violation of competition law, especially if they affect your business interests. In Germany, the Unfair Competition Act (UWG) regulates protection against unfair business practices and competition violations. According to § 7 UWG, unwanted telephone advertising and telephone calls without the prior consent of the called party are generally prohibited.
In your case, you could take legal action against the unsolicited advertising calls from your competitors. First, you should try to document the calls by noting the date, time, and caller's number. This can serve as evidence if you decide to take legal action.
You could demand a cease and desist declaration from the competitors, in which they commit to no longer engage in unsolicited telephone advertising. If the competitors refuse, you could hire a lawyer to send a warning letter and, if necessary, initiate legal proceedings.
Furthermore, you could contact the Federal Network Agency, which is responsible for protecting against unauthorized telephone advertising. You can submit a complaint there so that the Federal Network Agency can investigate the unsolicited advertising calls and take action if necessary.
It is important that you take action against the unsolicited advertising calls to protect your business interests and your reputation. I am available to advise and support you legally in this matter.
Best regards,
Georg Sauer, Lawyer specializing in competition law
