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Unwanted calls: how to defend yourself against phone spam

2021-05-22T04:06:00.587Z


Someone is chatting to you for free samples or a new electricity contract? At the Federal Network Agency, the number of complaints against such calls is increasing. Here you can find out what else helps besides hanging up.


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What did I finish there ?!

Unwanted calls can sometimes be even more annoying

Photo: Christin Klose / tmn

Many consumers are annoyed by unsolicited calls in the corona crisis. The Federal Network Agency received more than 63,000 complaints last year - a new high. "This is a constant issue that is not going to die out," says Carola Elbrecht from the Federation of German Consumer Organizations (vzbv). "Although the consumer advice centers and the Federal Network Agency are constantly taking action against unauthorized telephone advertising, it seems to be worthwhile for the companies."

Advertising calls are actually only allowed if the person called has given their consent beforehand, says attorney Harald Rotter, a member of the General Lawyers 'Working Group of the German Lawyers' Association (DAV).

"Very few knowingly allow that," he says.

"However, companies often access the data in free competitions and get confirmation that they are allowed to pass on the data for advertising purposes."

In the event of a dispute, such consent can be sufficient if the advertiser can prove it.

However, the companies have not always actually received a permit.

Consumers can defend themselves

If you no longer want the phone to ring all the time, you can contact the Federal Network Agency.

There is an information page from the authority on the subject of unauthorized telephone advertising and here on the subject of harassing attempted calls.

Together with a lawyer, consumers can also take action against the company with a warning.

Some lawyers only charge a low flat fee for this.

"Often, however, it is enough to ask the company to provide evidence that they have given their consent to telephone advertising," says Harald Rotter.

"They then usually know that there is a threat of a warning and delete the telephone number." If consent has been given, consumers can request the deletion of their data.

If someone calls and lets the called party get involved in a conversation, caution should be exercised.

Because if you don't hang up immediately or react dismissively, you sometimes get a contract from the caller.

The consumer advice centers, for example, report on companies that sell dietary supplements for joint pain relief, among other things.

Anyone who gives their address for pill samples receives an expensive pharmaceutical subscription with the promised tablets.

"Such salespeople often address the emotional level, there is a nice conversation first," says Carola Elbrecht, describing the caller's scam.

“But no company has anything to give away.

If there are test products for free, the alarm bells should ring, ”explains the speaker in the digital market observation team.

Energy providers work with tricks

Some energy companies are also busy.

They attract with money and savings on electricity and gas.

If the person called only requests information material, this is sometimes followed by an order confirmation.

The problem: »Energy suppliers can simply terminate their contract with relatively little information from the supposed customer.

Obviously dubious providers are taking advantage of this, «says Elbrecht.

Without electricity, nobody is there when you switch, but there is trouble.

Because the old electricity provider does not have to accept his former customer again, especially not at the previous conditions.

Actually, such an agreement, which was foisted on consumers, is not effective at all - in theory, one could simply ignore it. “But the companies insist on their demands. They insist that there is a contract and want to see money, «Elbrecht knows. Sometimes they also send the debt collection agency in front.

Lawyer Rotter therefore recommends that such a contract should be revoked immediately.

»As soon as the contract is confirmed, consumers should react.

If you received the confirmation by e-mail, it is best to send an e-mail directly back with the revocation.

And in addition, to be on the safe side, you should invest the money and also send a registered letter with acknowledgment of receipt. «Dubious companies tend to ignore such letters, he reports from his consulting practice.

Free sample letters are available from consumer advice centers.

Notes can be useful

Consumers have 14 days to withdraw their consent, the period starts from the conclusion of the contract or from the delivery of the goods.

“By the way, nobody has to send back goods that have not been ordered.

Instead, the sender is responsible for fetching them back, «says Carola Elbrecht.

So that it doesn't even get to the point where order confirmations or packages are sent unsolicited, there are a few tips for the phone call. So it makes sense to follow up critically and to write down the phone number, date and time in addition to the company name. A few bullet points on the content of the conversation can also help if the company issues a warning later.

“At the end of the conversation, summarize what you agreed on.

For example, on free samples without a contractual obligation.

This also shows the caller that you haven't fallen on your head, "confirms Elbrecht.

Consumers should not disclose sensitive data such as date of birth, address or even bank details when making such calls.

It's annoying enough that someone calls your own phone number without asking.

Annika Krempel, dpa

Source: spiegel

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