New proof trap - business and trade register

Such advertising mailings, which arrive abruptly by fax, are not new. The recipient, usually a company or a public body, receives a form by fax with his or her data already filled in. Not infrequently, an error is included to prompt the addressee to "correct" the information. The recipient sends the form back in the good faith that he is merely correcting his data in an existing entry.

In fact, however, a paid contract is concluded for a business directory entry on a website (usually not very well positioned), i.e. in a kind of business register. The contract is valid for 24 months and the fee in this case is EUR 58.00 per month. With a quick signature, one has invested EUR 1,392.00 in a probably not very effective business listing. 

This form of rip-off is called correction proof advertising. Such misleading advertising by means of proofs is an unlawful, unfair business practice according to Sec 28a of the Unfair Competition Act (UWG) and is therefore prohibited:

It is prohibited to advertise in the course of commercial activity for the purpose of competition for entries in directories, such as business, telephone or similar registers, with payment slips, invoices, correction offers or the like, or to offer these entries directly in such a way, without making it unmistakably and also graphically clear that this is only an offer of a contract.

Anyone who has fallen into the trap and receives the bill from the "Wirtschafts- und Gewerberegister" for the business directory entry should in any case not pay, but defend themselves. Attorney-at-law Balazs Esztegar will be happy to assist you in formulating a defence letter.