Confirmation SMS are not junk mail

Publication date: 19/07/2010

20839 times read
 :: 13634 Votes  

Judgement of AG Berlin-Mitte (Local Court Berlin) of 12/01/2010, file number: 14 C 1016/09

Provides a mobile service to its users the possibility to register the cell number in order to apply for offered services and a confirmation short message follows after mentioned application, this SMS cannot be considered as a junk mail. The SMS has no sales promotion purpose but fulfils the information duty.

Category: Advertising Law, Unfair Competition Law, Bothersome Ads, Telecommunication law, Consumer Law, eMail Advertising, Fax Advertising, Telephone Advertising, Entscheidungen

Cease and desist letter “subject to a condition subsequent”

Publication date: 16/10/2009

17246 times read
 :: 11571 Votes  

Judgement of LG Bochum (Regional Court Bochum) of 01/09/2009, file number: I-12 O 85/09

A forbearance debtor, who signs a cease and desist letter – due to illegal phone advertisement – subject to a condition subsequent, dispels a risk of recurrent infringement. The debtor would like to forbear through such formulation from the received obligations when his supposed illegal behaviour turns out as lawful, e.g. by law or high court decisions.

Category: Consumer Law, Unfair Competition Law, Bothersome Ads, Telephone Advertising, Entscheidungen

Advertising emails without consent are an unacceptable annoyance

Publication date: 02/10/2009

25311 times read
 :: 15497 Votes  

Press release of AG München (Local Court Munich) about the judgement of 09/07/2009, file number: 161 C 6412/09

An enterprise that sends advertising emails to the e-mail address of a medical practice without consent infringes against the rights of the addressee and his protected business interest. The dispatch of such advertising mails creates an unacceptable annoyance for the receiver, who can demand an omission. The importunity is caused by the fact that the receiver must invest time and effort in sorting the unrequested e-mails.

Category: Internet Law, Consumer Law, Advertising Law, Unfair Competition Law, Bothersome Ads, eMail Advertising, IT Law, Press Releases, Entscheidungen

Publication of the fax number means no approval for fax advertising

Publication date: 06/07/2009

32567 times read
 :: 16738 Votes  

Judgement of OLG Hamm (HRC Hamm) of 13/11/2008, file number: 4 U 150/08

If a company arranges a fax number, i.a. for the customer's contact and publishes on own homepage, no approval can be understood for the sending of advertisement by fax. Rather, strict demands should be made for the presentation of such an approval, this approval must be given before sending the concerning fax and just for the concrete case. Otherwise this kind of advertisement means an unfair competition misfeasance.

Category: Telecommunication law, Advertising Law, Unfair Competition Law, Bothersome Ads, Fax Advertising, Entscheidungen

Advertising phone calls just only if expressly approved

Publication date: 29/06/2009

23252 times read
 :: 14694 Votes  

Judgement of LG Bochum (Regional Court Bochum) of 15/05/2008, file number: 14 O 61/08

When an approval clause is so formulated that within the storage and transmission of dates these are held for future telephonic application, such anticipated approval is inadmissible in the general terms and conditions. Therefore, the use of the storage data is to be valued for advertising phone calls as an unacceptable annoyance, provided that the explicit approval of that clause has not been given.

Category: Unfair Competition Law, Bothersome Ads, Gambling Law, Telephone Advertising, Advertising Law, Entscheidungen

Undesirable telephone advertisement after concluding a current account

Publication date: 10/06/2009

18402 times read
 :: 12694 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 23/04/2009, file number: 315 O 358/08

The approval clause of a new current account contract regarding the wish to use the service of the bank to be informed also by phone it fax, is too wide. Since the bank, using that clause, also advise about other financial matters exceeding the contractual relationship, an infringement against § 307 paragraph 2 No.1 BGB (German Civil Code) is given and the clause is therefore ineffective.

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