45 unfair methods: putting an end to shenanigans

Switzerland would be among the pioneers," Federal Councillor Doris Leuthard rejoiced two years ago when the new provisions on unfair competition (UWG) were being debated in parliament. The Council of States had just proposed to also ban promises of profits that dubious providers use as a lure for promotional trips or sales events. But that is not enough. In addition to such unfair promises, other business methods have been considered prohibited since April 1. For example:

 Advertising call despite star entry: It does not matter in which directory the entry is noted. The star entry also prohibits the data from being passed on for advertising purposes.

 Online store without identity: The Internet provider does not disclose who he is, nor does he give the postal and e-mail addresses at which he can be reached. In addition, there is no information on how to correct input errors when placing an order, and an order received is not confirmed immediately.

 Directory fraud: In the offer for a register entry or an advertisement, the costs, term, total price, form and distribution of the publication are not indicated in large print, in a clearly visible place and in comprehensible language. It is also forbidden to send an invoice for a register entry or an advertisement without having received an order for it beforehand.

Violations of the new provisions are punishable by prison sentences of up to three years or fines of up to one million Swiss francs. So what applies if you have fallen for an unfair method and have concluded a contract? Does the violation of the new law in any case lead to the contract being null and void and thus automatically dissolved? Or must the person concerned prove that he or she was tricked, for example? The question is disputed among legal experts. It will ultimately be clarified by the courts. Until then, those affected must defend themselves and proceed with a registered letter as follows, depending on the contract:

 Anyone who has ordered something over the phone or bought something on a promotional trip can revoke the contract within seven days.

 If one is mistaken about the identity of the online store, the contract should be challenged on the grounds of mistake.

 Anyone who has fallen for a directory swindler must contest the contract on the grounds of deception and error.

In addition, those affected can file a criminal complaint for unfair competition. In doing so, they can now hope for the support of the federal government. This is because the State Secretariat for Economic Affairs (Seco) is entitled to file lawsuits against companies with unfair business practices or to file criminal charges if several people are affected. In addition, Seco has the possibility to publish the names of the offending company in order to warn further potential victims. Affected persons should not hesitate to report the swindlers to Seco. The corresponding complaint form can be found at www.seco.admin.ch.

Book tip Legal questions in everyday life The big Swiss legal guide The Beobachter's comprehensive Swiss legal guide answers your big and small legal questions in a flash; straightforward and competent. 352 pages, Fr. 38.-, 3rd edition, 2012 ISBN 978-3-85569-559-1 Beobachter-Buchverlag.