Serviceportal–Baden-Württemberg
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Procedure descriptions
Unwanted phone calls – submit a complaint
You can report such calls to the relevant authorities free of charge.
A marketing call is permitted if you have previously given your express consent to receive telemarketing calls.
To this end, you must have given your specific consent to receive telemarketing offers.
It is not sufficient for the caller to seek your consent only during the call.
You can can generally also be given by confirming a pre-formulated statement (for example, by ticking a box or signing it), provided that itit
- is contained in a separate text or
- section of text containing no other content, and
- it is clear from the text of the consent which specific products or services from which companies are to be advertised.
Consent is generally invalid if it
- is hidden within the general terms and conditions or
- is linked to other declarations, such as consent to being notified of a prize win by telephone.
The calling company must not withhold its telephone number. This also applies to telemarketing to which you have given your consent.
Tip: Read the small print carefully and cross out the relevant sections of text. A consent given at any time with effect for the future.
Even if there is a contractual relationship between you and the calling company, it is not permitted to call you for advertising purposes without your express consent. This also applies to additions, amendments and extensions to the existing contract or new offers. Even after you have terminated a contract, the provider is generally not permitted to engage in ‘follow-up marketing’ by offering you alternative deals over the phone.
Forms/Online Services
Responsible authority
- Baden-Württemberg Consumer Advice Centre e.V.
- Centre for Combating Unfair Competition, Frankfurt am Main e. V. (Competition Centre)
- Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways
Details
Prerequisite
- The marketing call is made without your consent or
- the calling company has withheld its number.
Procedure
You can submit a complaint to the relevant authorities in a number of ways.
When doing so, you should provide the following details:
- Your contact details: address, telephone number, fax number or email address, and, if applicable, the name of an alternative contact person
- The telephone number from which the call was made
- Name and owner of the company that made the call
- The company’s telephone number (if this was not withheld)
- Name of the caller
- Date of the call
- Time of the call
- Reason for the call: What was being advertised?
- Possible existence of consent to telemarketing
The Federal Network Agency and the Competition Centre have each prepared their own complaint forms.
If you select your region on this page, these will be available under ‘Forms & Online Services’.
You can also submit your complaint informally by post, fax or email.
If the company does not stop making these marketing calls, you can also take action against the company yourself.
Deadlines
none
Required documents
In the event of a complaint about unauthorised telemarketing, the Competition Centre also requires the submission of a signed statutory declaration stating
- the date and time of the call,
- the caller,
- the company on behalf of which the call was made,
- the content of the conversation and
- a statement confirming that you have not given the advertising company your consent to receive telemarketing calls.
It may then be able to obtain an interim court injunction quickly, if necessary.
The Competition Centre provides a leaflet on how to make a note of the conversation in the event of unauthorised telephone calls.
Costs
Complaints to the relevant authorities are free of charge.
You may incur a charge for a personalised consultation at the Consumer Advice Centre – but only after you have made an appointment.
As well as face-to-face advice in person, video consultations, telephone advice and online advice – including via email – are also available.
For information on advice and prices, please contact the Baden-Württemberg Consumer Advice Centre at www.verbraucherzentrale-bawue.de/beratung-bw.
Miscellaneous
The Federal Network Agency receives your complaint, registers it and investigates any useful information. If it finds that a legal offence has been committed, it may, in its capacity as the state supervisory and regulatory authority for the telecommunications sector, impose a fine of up to EUR 300,000 on the calling company.
Anyone who contravenes the ban on number suppression may be fined up to 100,000 EUR.
The Federal Network Agency cannot always inform you, as the complainant, about the progress and outcome of the proceedings.
The Consumer Advice Centre and the Competition Centre may take civil action against the calling company, for example by issuing a warning letter or bringing an action for an injunction.
Consumers who are not members of the Competition Centre will not be informed of the status of the proceedings. The Competition Centre points out that it is required to disclose your name and your postal or email address as part of an out-of-court dispute resolution process.
If you wish to report a company to the Consumer Advice Centre and do not wish to receive a reply or advice, you can do so by email at info@vz-bw.de.
If you would like individual advice, the Consumer Advice Centre offers you the choice between
- a face-to-face consultation at one of the local advice centres,
- a telephone consultation
- written online advice, or
- a video consultation.
Please note: The ban on unauthorised telemarketing does not affect the validity of any contracts that may be concluded between you and the calling company during an unsolicited call.
If, during such a telephone call, you agree to order goods or use services, a binding contract may be formed under certain circumstances.
Contracts agreed over the telephone are valid. You should therefore not engage in any discussion with the caller and should hang up.
Should a company nevertheless claim that a contract was formed as a result of the telephone call, you generally have the right to withdraw from the contract within 14 days without giving any reason.
If the company has informed you of your right of withdrawal in accordance with the statutory provisions, this period begins, in the case of a sales contract, upon receipt of the goods, and, in the case of a contract for services, at the time the contract is concluded.
If you are informed of your right of withdrawal at a later date, the start of the period is postponed accordingly.
If you have not been properly informed about your right of withdrawal, or have not been informed at all, the right of withdrawal generally expires one year later than usual – after twelve months and 14 days from receipt of the goods or from the conclusion of the contract.
An exception applies to prize draw services:
Contracts in which a company offers to enrol or register you to take part in prize draws organised by a third party can only be validly concluded by letter, fax or email (in writing).
Even if you have consented to a phone call, no obligations can arise for you from a telephone agreement relating to prize draw services.
Legal basis
Gesetz gegen den Unlauteren Wettbewerb (UWG):
- § 7 Unzumutbare Belästigungen
- § 8 Beseitigung und Unterlassung
- § 20 Bußgeldvorschriften
Telekommunikationsgesetz (TKG):
- § 102 Rufnummernanzeige und Unterdrückung
Release note
machine generated, based on the German release by: Ministerium Ländlicher Raum Baden-Württemberg, 05.08.2026