What legal steps can I take against unauthorized telemarketing calls?
March 17, 2022 | 40,00 EUR | answered by Nina Koch
Dear lawyer,
I am contacting you because I have been receiving an increasing number of unwanted telemarketing calls lately and I am not sure what legal steps I can take against them. These calls are extremely annoying and are starting to weigh me down. I have already requested multiple times not to be called anymore, but the callers are ignoring my request.
The unwanted telemarketing calls are mostly from companies trying to sell products or services that I am not interested in. Often, they are also from shady callers trying to deceive me or pressure me into sharing my personal information.
I am concerned that my privacy is being violated by these unwanted calls and I would like to know what legal actions I can take against them. Are there laws that protect me from such harassment? Can I hold the callers accountable and claim damages?
I would like to know what options I have to defend myself against unlawful telemarketing calls and how I can effectively stop these nuisances. I would greatly appreciate it if you could assist me with this.
Thank you in advance for your support.
Sincerely,
Renate Kaiser
Dear Mrs. Kaiser,
Thank you for your inquiry regarding unwanted telemarketing calls. It is regrettable that you are facing this harassment and I understand your desire to take action against it. Unwanted telemarketing calls can indeed be very annoying and invade your privacy. However, there are legal regulations that protect you from such harassment and provide you with options to defend yourself against the callers.
In Germany, the Act Against Unfair Competition (UWG) regulates protection against unauthorized telephone advertising. According to § 7 UWG, telephone advertising without the prior express consent of the person called is generally prohibited. This means that companies are not allowed to call you unsolicited to offer you products or services unless you have explicitly agreed to it.
If you receive unwanted telemarketing calls, you can take legal action. First, you should clearly and explicitly inform the caller that you do not wish to receive further telemarketing calls and prohibit them from calling you again. Also, note the date, time, and the name of the caller, if possible.
If the calls continue despite your warning, you can contact the Federal Network Agency. The Federal Network Agency is responsible for regulating the telecommunications market and accepts complaints when companies violate the ban on unauthorized telephone advertising. You can submit a complaint online and the Federal Network Agency will investigate and, if necessary, impose fines.
Furthermore, you also have the option to hire a lawyer and claim damages. If the unwanted telemarketing calls have demonstrably led to harassment and caused you harm, you can assert claims for damages against the callers.
It is important to gather all relevant information and evidence to make your claims. A lawyer can help you initiate the legal steps and support you in this process.
I hope this information was helpful to you and that you can take action against unwanted telemarketing calls with these measures. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Nina Koch
