Fairness Commission on offers disguised as invoices
The SLK upheld two identical complaints: Consumers had complained that the operator of the directory had phrased its communications in a way that was misleading.
The company had sent out an order form and enclosed a payment slip. The unfair competition commission SLK has approved the complaints: If an offer looks like an invoice and it is not clearly evident that it is an invitation to order, the sender is acting unfairly. This is what the Swiss SLK found in the case of the operator of a business directory.
It must be clearly indicated on the order form that it is an offer. A simple formulation in the continuous text is not sufficient. In addition, it must be clear what rights and obligations the purchaser and supplier enter into with the order, according to the SLK in its statement of reasons. It upheld the complaint and requested the sender to refrain from using the objectionable form.
With the revision of the Unfair Competition Act (UCA), a penalty provision against sending such invoices was introduced as of April 1, 2012.
