How can I defend myself against unwanted telemarketing calls?
July 17, 2022 | 40,00 EUR | answered by Anna Fuchs
Dear lawyer,
I am reaching out to you as I urgently need help to defend myself against unwanted telemarketing calls. In recent weeks, I have been increasingly harassed by calls trying to sell me products or services that I have not requested. These calls often come at the most inappropriate times and significantly invade my privacy.
I have already tried to stop the calls by blocking the numbers or registering with the Robinson list. Unfortunately, this has not been successful so far, and the calls continue. I am concerned about my privacy and feel harassed by the constant phone calls.
Therefore, my question to you is: What legal options do I have to effectively protect myself against unwanted telemarketing calls? Are there specific laws or regulations that can help me prevent these harassments? How can I proceed to stop the calls and protect my privacy?
I would greatly appreciate your assistance in this matter as I feel overwhelmed dealing with it on my own. Thank you in advance for your support.
Sincerely,
Eiko Lindenberg
Dear Mr. Lindenberg,
Thank you for your inquiry regarding unwanted telemarketing calls that have been causing you problems in recent weeks. It is understandable that you feel harassed and disturbed in your privacy. I would be happy to help you explore the legal options to effectively protect yourself against these calls.
In Germany, there are legal regulations that restrict unwanted telemarketing calls and aim to protect consumers from harassment. An important provision in this regard is the Unfair Competition Act (UWG). According to § 7 UWG, it is prohibited to call consumers for advertising purposes without their explicit consent. Companies that violate this regulation can be fined heavily.
To defend yourself against unwanted telemarketing calls, I recommend the following steps:
1. Register with the so-called Robinson List, where consumers can enter their telephone number to stop receiving unwanted telemarketing calls. Although you have already had experience with this measure, re-registering may be necessary.
2. Do not give out any information during unwanted calls, do not confirm any data, and do not give consent to any offers. Stay skeptical and end the call if you feel pressured.
3. Document all unwanted calls, noting the date, time, and caller's number. This information could be helpful in case of a legal dispute.
4. Clearly inform the callers that you do not want any further calls and ask them to remove your number from their database.
If the unwanted calls do not decrease despite these measures, I recommend contacting the Federal Network Agency. The Federal Network Agency is the authority responsible for protecting against unauthorized telephone advertising and can impose fines for violations of the UWG.
In severe cases where the harassment does not stop, legal action could also be considered. A lawyer can help you assert your legal rights and claim damages.
I hope this information helps you protect yourself against unwanted telemarketing calls. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Anna Fuchs, Attorney at Law
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