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.
Effective September 1, 2007, the obligation to state prices applies not only to (0)900 numbers but also to directory assistance services, all of which begin with the digits 118 in Germany; to mass calling service numbers, which begin with (0)137; to so-called shared-cost numbers, beginning with (0)180; to numbers for short-dial services; and to innovative services starting with (0)12. For the aforementioned numbers, the price must be stated in all types of offers or advertisements. In the case of written advertising, this must be clearly legible and prominently displayed.
For data services, such as premium SMS, price display replaces price announcement. In addition to price transparency requirements, the legislator has also set new maximum price limits for (0)900 numbers.
Furthermore, the Act explicitly stipulates that customers are not obligated to pay charges for certain violations of consumer protection regulations. This applies, for instance, if the consumer was not informed of the price charged despite the obligation to announce prices, or if charges exceeding the maximum price limits are demanded.
To enforce their civil law claims, consumers must know who is behind the services utilized. To this end, the legislator has now equipped them with additional rights to information.
The Federal Network Agency provides an overview of the new consumer protection regulations and rights to information for download on its website at http://www.bundesnetzagentur.de.
Source: Press release of the Federal Network Agency dated august 28, 2007
Attorney at Law Michael Ullrich, LL.M. (Information Law)
© Goldberg Attorneys at Law 2007
