Subscription-trap operator makes himself liable to prosecution

Publication date: 05/07/2010

10233 times read
 :: 6750 Votes  

Judgement of AG Marburg (Local Court Marburg) of 08/02/2010, file number: 91 C 981/09

The provider of a website where apparently free downloads are offered, however misleads the customer regarding the true costs and lures him into a chargeable subscription, makes himself liable to prosecution because of fraud, according to § 263 StGB (German Criminal Code). A lawyer who, on behalf of the provider, warns the non-paying customers and even tries to enforce the demands in court, makes himself also liable to prosecution because of accessory to fraud.

Category: Internet Law, Suscription Trap, Internet Penal Law, Consumer Law, Entscheidungen

Unbelievable, the invoice is legitimated!

Publication date: 12/10/2009

20381 times read
 :: 10385 Votes  

Judgement of LG Düsseldorf (Regional Court Dusseldorf) of 28/08/2009, file number: 38 O 34/09

In a community of registered consumers, the invoices for the use of the network are charged after being informed about a change in the general terms and conditions which allows the chargeability. For the dishonesty of this demand it is not enough that this is based in a contract which is created by unfair methods. Through the sending of the unjustified demand, also the consumer has been used in his lack of experience or gullibility or in a dilemma.

Category: Consumer Law, General Terms Law, Internet Law, Suscription Trap, Entscheidungen

0.99 cents can be astonishing

Publication date: 27/04/2009

16827 times read
 :: 11826 Votes  

Judgement of AG München (Local Court Munich) of 18/02/2009, file number: 6 W 4/09

If an Internet site promotes an inexpensive “test membership”, a clause about monetary compensation which is hidden in the following continuous text would be considered as astonishing.
The same applies to a lengthening clause which is hidden in the heading “Payment and Prices” and is not mention under the category “Contract Period” or “Contract Lengthening”.

Category: General Terms Law, Suscription Trap, Consumer Law, Entscheidungen

No payment claim in case of "cost traps" on the Internet without clear advice to monetary compensation

Publication date: 20/04/2009

16348 times read
 :: 11208 Votes  

Judgement of OLG Frankfurt/Main (HRC Frankfurt/Main) of 04/12/2008, file number 6 U 187/07

In case of the as “cost traps” known on the Internet, the supplier of the particular site has no right to payment against the user if no clear monetary compensation in the offer or on the web page is given, and a clear  payment duty is missed. The same applies particularly when the supplier of the site wants to deceive the user intentionally about the monetary compensation.

Category: Warning letter, General Terms Law, Internet Law, Suscription Trap, Entscheidungen

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