Who calls a consumer without its consent as an entrepreneur for advertising purposes, acts unfairly. After the law an advertisement with telephone calls represents opposite consumers without their consent an unreasonable annoyance, if the telephone call is a competition action, thus with the goal effected, in favor of the own or a strange enterprise the paragraph or the purchase of goods or the contribution or the purchase of services, including immovable things, rights and obligations, of promoting ("§ 7 exp. 1 and 2 No. 2, 1. Old. in connection with "§ 3 and "§ 2 exp. 1 No. 1 UWG).

This regulation to telephone marketing is based on the European Union data security guideline from 12 July 2002 (2002/58/EG), according to which direct advertising is inadmissible by telephone opposite private people without avowed agreement. The necessary national preventive measures could be out-arranged after the guideline thereby either as opt out system (contradiction possibility), or as opt in system (previous agreement). Germany decided here for the retention of the past opt in system and this closer out-arranged.

The term "„of the advertisement "“is defined not in the UWG, but in other place - European -. It decreases/goes back in the long run in kind 2 No. 1 of the European Union deception guideline from 10 September 1984 (84/450/EWG), which had been changed and supplemented by the European Union guideline for the comparative advertisement from 6 October 1997 (97/55/EG). Afterwards advertisement is "„each expression with the practice of a trade, a trade, a handicraft or a free occupation with the goal, the paragraph of goods or the contribution of services, including immovable things, rights and obligations of promoting "“.

Articles in category "Advertising call"

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