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Consumer protection suffers painful defeat

Since February 2016 of the dispute between the two consumer organisations is escalating gradually. On the one hand, the consumer service of the entrepreneur Patrick Dütschler, confirmed a political close to the SVP. On the other hand, with the Foundation for consumer protection (SKS), the largest consumer organization of Switzerland.

At the beginning of the engagement a article, the the SKS in February of 2016 on its website on configured. state In it, she accuses the consumer service that he is abusing the name of the SKS, to recruit members. There are other critical posts followed, including on social media. A criminal complaint for false pretenses in the phone marketing, consumer service could not enforce the SKS. It was based on statements from skeptical members, is said to be of the SKS called. Dütschler managed to refute the allegations with the tape recordings – the procedure was discontinued.

allegations of untrue or misleading

Finally, Dütschler had enough of the "smear campaign" and sued, for its part, the SKS. Now, the judgment of the Berne commercial court. There is almost always Dütschler right. So the SKS may not ask the Public to forgo a membership to the consumer service, the existing contract relationships with this organization, or to pay the bills. The title "consumer service as a consumer protection to" must be deleted. Similar content under the the court says. It no longer includes the statement that the consumer service is sold "ridiculous offers". Also the accusation of "aggressive recruitment" must cancers of the SKS.

The consumer service run ordinary telephone Marketing, this could not be, a priori, referred to as aggressive, argued the commercial court in its written justification. The accusation of aggressive advertising was not only defamatory, but also untrue or at least misleading. The allegation that the consumer make the service "ridiculous offers" to keep the Rüchter for "blanket vilification". The substantive reasons for such non-specific criticisms were missing the"". And the consumer service issues as SKS, was in the eyes of the judge is not conclusive evidence. It indicates simply no indications that the SKS have received many messages from anxious consumers.

In each of the points, the commercial court is also of the SKS right. So there is no unnecessary infringement on the use of the word "gag contract". The striking name is not about infringing way beyond what corresponds to the facts. However, in about three-quarters of all contested issues, the judge will give the consumer service law. The SKS has to pay the consumer service is a party, compensation of just under 8800 Swiss francs.

"We have to criticise maladministration and consumers are allowed to warn, no matter what a company to do it."Sara Stalder, head of the Foundation for consumer protection (TCG)

"We will review the judgment deepens and, if necessary, before the next higher judicial authority to appeal," said Sara Stalder, managing Director of the Foundation for consumer protection (SKS). Within 30 days, may be made to the Federal court of appeal. The judgment is not a muzzle, which was for the SKS to be acceptable. "We need to criticise maladministration and consumers are allowed to warn, no matter what a company to do it." She regrets the fact that the Berne commercial court considers the criticism of the SKS at the consumer service as non-admissible. This criticism was, according to Stalder, due to numerous complaints from consumers.

Dütschler is pleased with the verdict. "The judicial confirmation that the Foundation for consumer protection is clearly a shot over the target, strengthens my back," he says. In addition, the commercial court had defined clear boundaries, which must comply with the SKS now. Dütschler now wants to ride with the consumer service and continue to improve.

Write the grants, such as invoices

That further improvements are needed, look Dütschler in connection with a critical report from the Consumer show, "Espresso", the Radio SRF 1 yesterday Tuesday has sent, and the facts of the case Dütschler confirmed to a large extent. In the Christmas season, the consumer service Deposit sent certificates for a membership in the amount of CHF 95. It is only noted small that no contribution obligation existed. But the paper looks like a bill and can give the wrong impression. "The Letter in question is likely to offend against the UWG (act against unfair competition)", - quotes the Consumer programme, the state Secretariat for economic Affairs. As early as 2015, sent Dütschler on his now made up for Telecom company resolved Directories Write, which looked like bills of Swisscom. For this he was convicted of unfair competition to a fine and a conditional fine.

commenting on the new allegations Dütschler: "We have reviewed the Letter to our passive members exactly and thought it was correct." Of the 2500 sent by people only a few had paid the amount. It Dütschler concludes that the recipients of the voluntary nature of the contribution was not aware of. "Any legal action I can see left, however, I will draw my Teaching, and the annual contribution in future in this way." (Tages-Anzeiger)

Created: 16.01.2019, 12:55 PM

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