On September 1, 2007, the new consumer-protection rules of the Telecommunications Act (TKG) to prevent and prosecute misuse of telephone numbers entered into force.
The statutory extension of the previous transparency obligations to additional number ranges is also intended to prevent misuse in this area. One aim of the law is to increase price transparency for consumers and thus reduce the risk of incurring high debts by using certain telephone numbers.
Thus, as of 1 September 2007, the price indication obligation applies - in addition to (0)900 numbers - also to directory enquiry services, which in Germany all begin with the digits 118, to mass transit service numbers beginning with (0)137, to so-called shared-cost numbers beginning with (0)180, to numbers for abbreviated dialling services and to new types of services beginning with (0)12. For the above-mentioned numbers, the price must be indicated in any type of offer or advertisement. In the case of written advertising, it must be clearly visible and legible.
For data services, e.g. premium SMS, the price announcement is replaced by the price display. In addition to the price transparency requirements, the legislator has also set new maximum price limits for (0)900 numbers.
The law also clearly regulates that the customer is not obliged to pay the charge in the case of certain violations of consumer protection regulations. This is the case, for example, if the consumer was not informed of the price charged despite the price announcement obligation or if charges are made that exceed the price ceilings.
In order to be able to enforce their claims under civil law, consumers must know who is behind the services they have used. To this end, the legislator has now provided them with additional rights to information.
The Federal Network Agency provides an overview of the new consumer protection regulations and of the information claims on its website at http://www.bundesnetzagentur.de for download.
Source: Press release of the Federal Network Agency of 28.8.2007
Attorney at Law Michael Ullrich, LL.M. (Information Law)
© Goldberg Attorneys at Law 2007
