How can I take action against unauthorized telemarketing?
October 3, 2023 | 45,00 EUR | answered by Gerda Dietrich
Dear lawyer,
my name is Hanna Evers and I have a problem with unsolicited telemarketing calls. In the past few weeks, I have received numerous calls from various companies trying to sell me products or services. These calls are not only annoying, but also intrusive and violate my privacy.
I have already tried politely asking the callers to remove me from their call lists, but to no avail. I am concerned that these unwanted calls will continue to increase and could disrupt my life. Additionally, I fear becoming a victim of scammers posing as reputable companies in order to obtain my personal information.
My question to you is: How can I take action against unsolicited telemarketing calls? Are there legal steps I can take to stop these calls and protect my right to privacy? I urgently need advice and support to solve this problem and prevent further harassment.
Thank you in advance for your help.
Sincerely,
Hanna Evers
Dear Mrs. Evers,
I understand your concern regarding the unauthorized telemarketing calls you have experienced in the past few weeks. Unwanted calls from companies trying to sell products or services can not only be annoying, but also violate your privacy and potentially make you a target for scammers. It is important for you to know that there are legal steps you can take to address and protect yourself against unauthorized telemarketing.
In Germany, unauthorized telemarketing is prohibited according to § 7 para. 2 no. 2 of the Act Against Unfair Competition (UWG). Companies can only call you if you have expressly consented or if there is an existing business relationship. If you receive unwanted calls, you can report them to the Federal Network Agency. The Federal Network Agency is the regulatory authority for the telecommunications market in Germany and can take action against companies engaging in unauthorized telemarketing.
To address unauthorized telemarketing, you can also take legal action. You can demand a cease and desist declaration from the companies harassing you, and in case of violations, claim damages. Additionally, you can apply for an interim injunction to stop the unauthorized calls.
It is important that you gather evidence to take action against unauthorized telemarketing. Note down the date, time, and content of the calls, as well as the caller's name and company. You can also try registering your phone number with the Robinson list to reduce unwanted calls.
If you need further legal advice or want to take specific legal steps, I recommend consulting a specialized lawyer in competition law or consumer law. A lawyer can help you enforce your rights and address unauthorized telemarketing.
I hope this information is helpful to you and supports you in your concerns. If you have any further questions or need legal assistance, I am happy to help.
Best regards,
Gerda Dietrich, Lawyer
