Benedict Schreiber
Lawyer
Almost every entrepreneur has probably stumbled upon this at some point or even been affected by it themselves: Contact from sometimes less than reputable companies that, through quick phone calls, try to pressure the called party into a contract for a company entry of little value – and usually at exorbitant prices.
The scam
The approach of these companies is usually simple: They rely primarily on the surprise effect to deliberately exploit the recipient's spontaneous lack of knowledge about their current contractual situation. The dubious callers usually claim that there is already an existing contract that has not been terminated and that it will now incur charges or be renewed. Alternatively, if you sign a "new" contract directly over the phone, you can also benefit from a significant discount. The truth behind this: This conversation is intended to convince the unwitting victims to sign a (first) contract.
The contract
The "service" provided by such callers is largely completely useless. For example, if anything is published at all, a mere entry about the called party's company is published on a website of the calling company that receives little or no traffic. This is a far cry from "advertising" and has no advertising impact. Nevertheless, the dubious providers proudly charge for this; amounts of up to €4.000 are not uncommon.
What can I do?
Despite the fact that the companies in question exert considerable pressure regarding (alleged) contract conclusion and debt collection, you shouldn't let this intimidate you into giving in, let alone paying prematurely. It often turns out that the underlying contract wasn't legally valid at all, is invalid, or you can still withdraw from it.
If you have been affected by such a call or contract, please contact the lawyers at our firm in Regensburg, Landshut, and Fürth as soon as possible. We will be happy to examine your legal situation on a case-by-case basis and enforce your rights – if necessary, in court!
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