In an increasingly digitalized and networked world, the number of methods used to unknowingly lure consumers into subscription traps is also increasing. The alleged victims actually thought they were taking part in a competition for a trip.
Two women from Upper Austria, Ms. G. from Vorderweißenbach and Ms. B. from Wels, fell victim to a particularly perfidious scam: Unsolicited advertising calls from the Swiss company SwissPoint Sales AG allegedly led to a supposed contract being signed, which the victims never intended. Thanks to the Upper Austrian Chamber of Labor (AK), the two women are no longer alone in the fight against unjustified demands and impending debt collection measures.
Unsolicited calls with questionable promises
The incident began with an inconspicuous phone call. The women concerned were contacted by SwissPoint Sales AG, allegedly as part of a travel competition. Both believed they had the chance to win a trip, but the supposed stroke of luck quickly turned out to be a deception. Instead of a trip, the women received magazine subscriptions that they had never consciously taken out.
In Ms. G.'s case, it was the magazine "Freizeit Revue" that suddenly appeared in her mailbox, accompanied by reminders from TrustScore GmbH demanding payment. Ms. B. from Wels had a similar experience. She received reminders for a subscription to the magazine "Der Feinschmecker" that she had never ordered. The companies also threatened negative SCHUFA entries and a resulting deterioration in her credit rating. Such measures can have serious financial consequences for those affected.
Illegal practices and lack of consumer protection
The experiences described by the consumers illustrate a systematic approach on the part of SwissPoint Sales. Unsolicited advertising calls are clearly prohibited in Austria under the provisions of the Telecommunications Act. A contract concluded under these circumstances is therefore to be considered illegal. In addition, the women concerned received neither sufficient information about their cancellation rights nor the legally required cancellation form as required by the Distance Selling Act.
Although these events clearly indicate legal violations, SwissPoint Sales was unimpressed. The company continued to claim that verbal contracts were concluded during the phone calls. This puts the affected consumers in a difficult position: They are faced with demands against which they have little recourse. The only hope is that a court will rule in their favor in the event of a lawsuit.
Support from the AK Upper Austria
Here, the AK Upper Austria acts as a strong ally of consumers. The consumer advocates have intervened in such cases on several occasions, but their efforts have so far gone largely unnoticed. Nevertheless, they do not leave those affected alone: Ms. G. and Ms. B. have been assured of passive legal protection cover. This means that the AK Upper Austria will assume the cost risk of a possible court case should the companies file suit. This at least relieves the women of the financial burden that a legal dispute could entail.
Tips for dealing with unsolicited calls and subscription traps
In view of the increasing number of advertising calls and fraudulent subscription traps, the AK Upper Austria provides important recommendations for action for consumers:
- No calls received: If you receive an unsolicited sales call, end the call immediately. The less information you reveal, the more difficult it is for dubious companies to lure you into a subscription trap.
- To file charges: Unsolicited advertising calls are illegal. File a complaint with the telecommunications authority to take action against the callers.
- Please note the right of withdrawal: If you have nevertheless agreed to a contract by mistake, you must be informed in writing of your cancellation rights. A statutory cancellation form must be sent to you. Make sure that you cancel the contract in writing and with proof (for example by registered mail) in order to protect yourself against unjustified claims.
- React immediately: If you sign an unwanted contract, you should react immediately. Return unwanted deliveries and exercise your right of cancellation.
Protection against dubious companies through consumer protection
The case of Ms. G. and Ms. B. shows how important it is to react attentively to dubious advertising calls and subscription traps. Companies like SwissPoint Sales AG take advantage of the ignorance and uncertainty of many consumers to conclude illegal contracts. The AK Upper Austria is facing up to this challenge and actively supports affected consumers. Protecting consumers from such practices remains a key concern, which is guaranteed by clear legal regulations and the consistent enforcement of consumer rights.
Anyone who has similar problems with SwissPoint Sales or other companies can contact AK Consumer Protection directly. AK experts support consumers and offer valuable help in defending themselves against unjustified claims.