How can I take action against unauthorized advertising calls?
September 4, 2023 | 40,00 EUR | answered by Gerda Dietrich
Dear Lawyer,
I am reaching out to you as I urgently need help in dealing with unwanted telemarketing calls. Over the past few weeks, I have received an increasing number of calls from unknown numbers trying to sell me products or services, even though I have never given my consent to be contacted. These calls are not only annoying, but also invade my privacy and are causing me increasing distress.
I have tried to block the calls already, but the callers constantly change their numbers or call me from abroad, making it difficult to identify and stop them. I feel helpless and frustrated as I do not know how to address this harassment.
Therefore, I am seeking your advice on how to effectively tackle unwanted telemarketing calls. Are there legal steps I can take to stop the calls? What laws protect me as a consumer from unwanted telephone advertising? How can I hold the callers accountable and protect my privacy?
I thank you in advance for your assistance and look forward to your helpful advice and proposed solutions.
Sincerely,
Siegfried König
Dear Mr. King,
Thank you for your inquiry regarding unwanted telemarketing calls. I am sorry to hear that you are being bothered by this harassment. Unwanted telemarketing calls are indeed a widespread issue that frustrates and unsettles many consumers. Fortunately, there are legal actions you can take to address these calls.
First and foremost, it is important to know that in Germany, unwanted telemarketing calls are regulated by the Law Against Unfair Competition (UWG) and the General Data Protection Regulation (GDPR). According to these laws, telemarketing without the explicit consent of the consumer is generally prohibited.
Therefore, if you have never given your consent to be contacted and are still receiving telemarketing calls, it constitutes a violation of the UWG and GDPR. You have the right to prohibit such calls and hold the callers accountable.
To address unwanted telemarketing calls, I recommend the following steps:
1. Register with the Consumer Association's "Robinson List": By registering on this list, you can at least reduce unwanted telemarketing calls from legitimate companies.
2. Take note of the date, time, caller number, and content of the conversation for each unwanted telemarketing call.
3. Clearly instruct the callers not to call you again and object to the use of your data for advertising purposes.
4. If the calls continue, you can file a complaint with the Federal Network Agency. They are responsible for combating illegal telemarketing and can take action against the callers.
5. In the worst case scenario, you can also take legal action and engage a lawyer to enforce your rights. A lawyer can obtain a cease-and-desist declaration against the callers and initiate legal proceedings in case of non-compliance.
I hope this information helps you and enables you to effectively address unwanted telemarketing calls. If you have any further questions or need legal assistance, I am happy to help.
Best regards, Gerda Dietrich
