Advertising calls: Primacall wants to respect star rating
Going forward, Primacall intends to respect the asterisk notation in the phone book and clearly indicate to customers that it operates independently of Swisscom. The company has committed to this in a court-approved settlement with SECO.
The State Secretariat for Economic Affairs (SECO) had received a large number of complaints from consumers claiming that they were receiving unsolicited advertising calls from Primacall despite having a star rating in the telephone directory. The company had called those affected in order to expand its customer base in the area of fixed network telephony. Many of those called had also claimed that Primacall was creating a risk of confusion with Swisscom's services. After a warning issued to the company by Seco in November 2012 had no effect, the authority filed a civil action against Primacall with the Commercial Court of the Canton of Zurich on December 19, 2013. In the further course of the proceedings, Seco and Primacall reached a settlement with the involvement of the Commercial Court.
Call only with express consent
Primacall had thus undertaken to respect the star entry in the telephone directory and also the will expressed by potential customers in writing or verbally not to receive advertising calls. The express consent for advertising calls from Primacall remains reserved. The settlement leaves open what is to be understood by express consent, it continues. In the event of a dispute, both Seco and Primacall could take legal action before the Commercial Court. Primacall also undertook not to acquire any new customers or to have them acquired on its behalf without repeatedly informing the persons called in the advertising calls that they would retain the Swisscom connection if they accepted the offer and would make new calls for the other services at the expense of the defendant using the preselection method.
Primacall must pay publication
In addition, Primacall must expressly state in the advertising calls that it is acting in its own name and independently of Swisscom. Primacall must also pay the costs arising from the publication of the settlement for a maximum of CHF 8,000. Primacall offers fixed network telephony services using the so-called preselection method. Primacall customers make calls with their fixed network telephone on the company's account, but must continue to pay the Swisscom connection fee of CHF 25.35. (SDA)
Teaser image (background): Keystone
