Phone verification
Telephone Verification (of lat . Veritas , truth 'and facere make') referred to within the direct marketing review of a phone number.
Procedure
Due to the case law of the Federal Court of Justice , telephone verification has been introduced by some address marketers. The possibility of telephone verification has existed for a long time, but has not yet been used by address marketers. The double opt-in procedure (DOI procedure) was considered sufficient. Similar to the DOI procedure for e-mail addresses, this procedure ensures that the person registering has given their own and correct telephone number. In the opinion of the highest court rulings, the DOI procedure is basically unsuitable for proving that consumers have given their advertising consent with advertising calls. During the telephone verification, the participant receives an automated callback to the telephone number given by him. Only after entering a given key combination is the telephone number released for commercial use by the entrepreneur. If the callback is not confirmed positively, the data will not be used. Telephone verification works in a similar way for cell phone numbers . If the Internet user enters a mobile phone number, he receives an SMS with a confirmation code, which he later has to enter in an online form. In this way, the advertiser can be sure that the user has given his own telephone number.
Demarcation
The concept of verification is to be distinguished from telephone number validation. With phone number validation, the advertising company is concerned with verifying that a valid phone number is available. When pinging, a technical signal is transmitted to the telephone connection without the telephone ringing. In this way it can be determined whether there is a telephone or fax connection behind the specified telephone number . Call centers use this method to minimize the error rate. However, it is not suitable for establishing the legally required connection between the subscriber and the person transmitting the data. Another possibility of validation is the comparison with reference files. This represents a great deal of uncertainty for the advertising companies. If the advertiser contacts a consumer on the basis of an advertising consent that he has not given himself, the company is acting in an anti-competitive manner because there is no effective consent. This problem also arises in the context of email marketing. The legal requirements are comparable here. One way of checking whether the person registering is identical to the e-mail account holder is the double opt-in procedure. A non-promotional e-mail with a confirmation link is sent to the user after clicking this The email address on the left may be used for advertising purposes.
rating
For the direct marketing industry , the telephone verification procedure means the greatest possible legal security. Due to the many data protection scandals in recent years, the entire industry is under increased observation by consumer advocates and the Federal Network Agency . Since it is precisely the so-called "cold calls" that are perceived by consumers as annoying and intrusive, the number of complaints continues to rise in this area. Often companies are warned or sued as a result. In this respect, it is in the interests of advertisers to work properly in terms of data protection and competition law. Telephone verification is a way to ensure that effective advertising consent has been obtained from the consumer. Phone verification is another hurdle for the advertising economy. From a technical point of view, however, the process can be integrated wherever telephone numbers are entered in an online registration form.
Legal Limits to Telemarketing
According to Section 7 (2) UWG , it is not permitted to contact a consumer by telephone for advertising purposes without their prior express consent. This also applies with restrictions in the business-to-business area, where, however, consent can be assumed under very strict conditions. A commercial telephone call without prior consent constitutes a breach of competition law and can result in high fines . The advertising consent must be given actively and the clause must be clear and understandable for the consumer. In the event of inadmissible telephone advertising, the consumer can contact the Federal Network Agency . The consumer must therefore have given his express consent before contacting him for advertising purposes by telephone. Online registration represents a legal uncertainty, as it is possible for every Internet user to enter invalid or third-party data in an online form. In 2011 the Federal Court of Justice ruled in the above Judgment clarified that this risk is borne by the advertiser.
literature
- Joseph F. Schöngruber / Harald Faust: Response Management. Ettlingen 2002.
- Wolfgang Berlit: Competition Law: A Floor Plan. 2009.
Individual evidence
- ^ BGH, judgment of February 10, 2011, Az. I ZR 164/09, full text .
- ↑ Unauthorized telephone advertising ( memento of the original dated February 4, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Notes from the IHK Lüneburg
