Help with unwanted advertising
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Unwanted advertising:
What can you do about it?

Subscription traps, annoying offers, unwanted calls - when advertising becomes a burden We encounter advertising everywhere. Advertising posters decorate the streets, we are bombarded with personalized ads on the Internet, and it is hard to avoid commercials on television either.

Most people have gotten used to it by now. Some even take the opportunity to browse through supermarket brochures and look for good deals.

However, unwanted advertising is a problem. Can you prohibit this type of advertising? What support is available if spam calls become a nuisance? This guide looks at these questions and offers you comprehensive information.

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forms of unsolicited advertising

Unwanted advertising can reach consumers in a variety of ways. Here we give you an overview of where and how advertisements and similar annoyances can appear:

In the mailbox: Advertising in the form of flyers or offers, such as the menu for the new pizza delivery service or brochures from the local supermarkets, often ends up in your mailbox. If you want to avoid this type of advertising, you should put a "advertising prohibited" sign on your mailbox.

By phone: Spam calls are a common phenomenon. The callers are often trying to force you to sign up for an expensive subscription. Unless you have expressly agreed to be contacted by the provider, such calls are illegal.

Advertisements in apps and on the Internet: Undisturbed surfing on the Internet or using free smartphone apps is often interrupted by constant advertisements. These unsolicited advertisements can be very annoying.

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Is unsolicited advertising prohibited in Germany?

Although unwanted advertising can be annoying when watching television or surfing the Internet, it is not generally prohibited. However, there are certain forms of advertising that are prohibited by law. In this context, Section 7 Paragraph 1 of the Act against Unfair Competition (UWG) is relevant:

"A commercial action that causes unreasonable annoyance to a market participant is not permitted. This applies in particular to advertising if it is evident that the market participant addressed does not want this advertising."

But when is advertising actually considered unreasonable harassment? This is clarified in Section 7 Paragraph 2 of the UWG. An advertisement is considered unreasonable harassment if:

An advertising message is sent in which the identity of the sender or client is not recognizable. A consumer is persistently confronted with advertising even though he has not consented to it. Advertising is made by telephone calls without the consumer having given his consent (spam calls). Automatic calling machines, fax machines or emails are used for advertising without the recipient having given their express consent.

Is spam a criminal offense?

Spam is not generally a criminal offense, but there are legal ways to defend yourself against unwanted advertising.
Here are some steps you can take:

Mailbox advertising:
If you do not want to receive advertising brochures, you can put a sign on your mailbox prohibiting advertising. According to some courts, such a sign is binding. If advertising continues to be posted despite the notice, you have a claim for injunctive relief against the company. A lawyer can then issue a warning and request a cease and desist declaration.

Telephone advertising:
The Federal Network Agency is responsible for unsolicited spam calls. It can take action against the offence and impose a fine on the advertising company. If you don't feel like reporting the incident, you can also block the phone number in question.

Be careful when sharing contact information:
Only give out your email address or phone number when absolutely necessary to avoid being confronted with excessive spam.

Withdraw consent:
Once you have given your consent to receive advertising calls or emails, you can withdraw this consent at any time. The company must respect your wishes and may not contact you again.

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Report telephone spam:
Please contact the Federal Network Agency

As already mentioned, you can report spam calls to the Federal Network Agency, which can then initiate a fine procedure against the caller or the company. In order for the Federal Network Agency to process the case, they need the following information from you:

Your personal data as well as the date and time of the advertising call
The caller's phone number (if it was displayed on your screen)
The name of the caller or company that contacted you
The products or subscriptions promoted during the call
A detailed description of the conversation

You can send this information to the Federal Network Agency either via an online form or by post.

Important: In addition to spam calls, there are also repeated attempts by scammers to obtain your sensitive personal data via phone calls. Never give out your login details or other confidential information over the phone. If you are contacted under this pretext, you should definitely inform the police.