If consumers fall for false advertising promises, a new law will now strengthen their rights. The trigger for the new regulation is the diesel scandal seven years ago.
Consumers can now make claims for damages more easily if they have been the victim of unfair commercial practices. According to the Bavarian consumer advice center, this includes decoy offers.
This is made possible by a new European Union law that came into force at the end of May in response to the 2015 diesel scandal. It is intended to protect consumers from all illegal actions - if they can prove that they have suffered financial damage solely because of the advertising promise.
Consumer advocates cite travel costs as a concrete example. If someone drives into the city to run errands and spontaneously enters a shop because of a bait offer, consumers would not be able to assert their claim for damages. If the person had only gone to the city because of the offer, he would have a claim.
The crux of the matter: This is exactly what affected customers must be able to prove.
If consumers have fallen for such an offer, the Bavarian Consumer Advice Center advises claiming damages from the company in writing. If you don't pay, the customer can't avoid filing a lawsuit.
The law also applies to advertising promises for products such as pills and ointments that are supposed to have a healing effect but are actually ineffective. If consumers suffer financial damage as a result of the purchase, they can reclaim the price paid. Studies or medical articles from reputable sources serve as proof here.
Consumers who have been put under pressure in sales talks and have suffered financial damage should also be better protected in this way. The crux here, too: Here, too, customers have the burden of proof.
Consumer advocates see gaps in illegal advertising, for example on the phone without the customer's consent. Those affected would still only have one year to assert their claims.
