The subscription traps can use the internet profits in favor of the federal budget to be skimmed off. This was decided by the Higher Regional Court of Frankfurt.
Anyone who tries to mislead consumers on the Internet with a cost or subscription trap must be expected that can be skimmed off later than a warning that the gains made, even if the lawyer has the offer for its own legal requirements. The Higher Regional Court of Frankfurt ruled by order of 20 May 2010 (6 U 33/09).
In this particular case the operators of various subscription traps had received a warning that it drew attention to the illegality of their offer. They were then given a pre-defined warnings from the cease and desist letter, which contained a small but substantive errors. Nevertheless, they should have known that their business is not legally compliant, even if her own attorney argued to the contrary, the court said. There was no reason to trust their own lawyer more than a reprimand.
ultimately be caused by a breach by competition from profit at the expense of many consumers. This would also apply "if the consumers who have received for the payment of remuneration no useful contribution, they are entitled to avoidance or recovery rights - whether through lack of knowledge the existence of such rights, be it go about this by an argument out of the way -.. do not argue and lose as a result "means that the guiding principle of the Judgement
Thus, the conditions are given for a profit levy a revision could not judges , as has the case no fundamental significance, and neither the development of the law nor ensure uniformity of decisions require a decision of the appeal court "would.
a result, it could therefore be for subscription-trap operators much more difficult, says lawyer Jens Furthermore: "While so far only to individual repayments, warnings or legal fees went, would the prospect of losing equal to total income, provide a little more excitement. On the other hand, can not be doubted that they will try again with a cleverly disguised corporate linkages, 'back' to the respective prize as soon as possible.
Source: Golem.de
0 comments:
Post a Comment