The Federal Network Agency has now imposed a ban on billing and collection for certain receivables of telomax GmbH. The ban was imposed on the company and Telekom Deutschland GmbH, via whose telephone bills telomax GmbH charges consumers under the item/service numbers 61404 and 83917 for sweepstake entry services to be provided by third-party companies. The entry services are previously advertised illegally by telephone, e.g. under the name "www.win-finder.com". The ban applies retroactively for the period from 30 March 2010.
Since September 2010, the Federal Network Agency has received an increasing number of complaints in which consumers describe unauthorised advertising calls with suppressed telephone numbers. The letters of complaint show that those affected are first promised a cosmetics voucher worth 100 euros as a prize in the telephone calls. During the call, the consumers then allegedly conclude a contract for participation in a lottery entry service - e.g. "www.win-finder.com" or "www.glücksfinder.net". The costs for the entry service are 9.90 euros gross or 8.32 euros net per week.
telomax GmbH then claims these amounts from affected consumers via their telephone bills. If the consumer receives his telephone bill from Telekom Deutschland GmbH, the charge is listed under the headings "Amounts from other providers" as well as "Connections via telomax GmbH" stating the item/service number 61404 as "Value-added service subscriptions" and the item/service number 83917 as "Premium subscription services, www.tel-and-pay.de".
The billing bans now imposed by the Federal Network Agency mean that affected consumers may no longer be billed for the amounts claimed under the article/service numbers mentioned. If consumers have already received such invoices, the ban on collection takes effect. The claims may therefore no longer be collected. However, if the consumer has already paid the invoiced amounts, both prohibitions do not apply immediately. In these cases, those affected should, if necessary, try to reclaim the money with the support of the consumer centres or a lawyer.
The Federal Network Agency has received numerous complaints about billing for the sweepstake entry services described above on Telekom Deutschland GmbH bills. However, there are indications that these entry services are also claimed on bills of other network operators in a comparable form.
Source: Press release of the Federal Network Agency
Goldberg Attorneys at Law
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist attorney for information technology law (IT law)
E-mail: info@goldberg.de
