Call despite star rating: 20,000 complaints
People who try to protect themselves from telemarketing calls by marking their phone book listing with an asterisk don't always succeed: The State Secretariat for Economic Affairs (SECO) has recorded approximately 20,000 complaints regarding violations of the asterisk listing over the past three years.
The Unfair Competition Act (UWG) has been in force since April 1, 2012. According to its provisions, people who call someone whose telephone number is marked with an asterisk in the telephone directory for advertising purposes are acting unfairly. However, the number of complaints about disregarding the asterisk entry is increasing from year to year: around 13,500 of all 20,000 complaints were submitted between the beginning of 2014 and the end of March 2015, and a total of 4,228 in the whole of 2013. Seco spokesperson Fabian Maienfisch confirmed these figures, which were quoted in several newspapers, on Thursday.
Warnings and convictions
Since the revision of the UCA, 17 identified call centers and companies based in Switzerland have been warned by letter for calls to star numbers. In 41 cases, criminal charges were brought against known or unknown call centers and companies; convictions were handed down in 17 cases. In 16 cases, on the other hand, a cantonal public prosecutor's office issued orders of non-prosecution, discontinuation or suspension. In two cases, civil actions were brought against identified providers. According to Seco, one of the main problems is that the advertising calls are made from abroad, but using a Swiss telephone number. This number could have been legally assigned abroad or "spoofed" - in the second case, a Swiss telephone number is being misused.
Disproportionate effort
As a result, the callers cannot usually be identified or can only be identified within the framework of international legal assistance. According to SECO, this would mean a disproportionate effort for the investigating authorities. Abuses of a telephone number with an asterisk can be reported to SECO online using the form on the website. However, SECO can only intervene if collective interests are violated. This means that a certain number of affected parties must have filed a complaint against a certain company. According to the information provided, Seco can submit a criminal complaint to the competent public prosecutor's office. The latter must then initiate criminal proceedings against call centers or companies that disregard the asterisk in the telephone directory.
Consumer advocates call for measures
Last week, consumer advocates called on telecoms providers to take measures against unwanted advertising calls. Despite the ban on advertising and marketing for connections with asterisks, many consumers continue to be harassed by callers. The threat of a prison sentence of up to three years does not seem to deter telephone callers. (SDA)
