- Specialist lawyer for intellectual property rights
- Advice at the highest level
- Specialized in warning letters in competition law
Lawyer helps with warnings from the Verbraucherschutz-
vereins
Lawyer Peter Weiler
Lawyer helps with warnings from the Verbraucherschutz-
Your contact person
Lawyer Peter Weiler Specialist lawyer for intellectual property rights
Experienced in warning letters from the consumer protection association
- Specialist lawyer for intellectual property rights
- Years of experience in the defense against warnings from consumer protection associations
- Free initial consultation for warning letters from the consumer protection association
- Available for you nationwide
How we work with you
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Submit warning
Submit your warning via our contact form. Please feel free to describe the background to your case. We will usually get back to you on the day of the request.
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Free advice
We take a look at the warning letter. One of our lawyers specializing in cease-and-desist letters will then contact you and discuss the prospects of success of your case with you. The consultation is free of charge.
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Our offer
Immediately after the initial consultation, you will receive our order documents, with which we will once again confirm in writing what we have discussed. You can then consider at your leisure whether you want to continue with us.
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We get started
We will start work and take the necessary steps to successfully defend you against the warning letter. We will keep you transparently informed at all times about the progress of the matter up to the final deletion.
Who or what is the Consumer Protection Association against Unfair Competition?
The Verbraucherschutzverein gegen unlauteren Wettbewerb e.V. is a non-profit organization in Germany dedicated to the protection of consumer interests and fair competition. The association has been a key player in the field of consumer protection since it was founded in 1900 and works closely with government authorities and other organizations to strengthen consumer rights.
What is the consumer protection association warning about?
The Verbraucherschutzverein gegen unlauteren Wettbewerb e.V. can issue warnings to companies for violations of the Unfair Competition Act (UWG). This relates in particular to violations of the provisions of the UWG that concern the protection of consumers and fair competition.
Typical infringements that can be warned by the consumer protection association include, for example:
- Misleading consumers through false or incomplete information in advertising and product descriptions
- Deceiving consumers by making exaggerated or false statements about the characteristics or origin of products
- Harassment of consumers through unsolicited commercial calls or commercial e-mails
- Use of general terms and conditions or contractual clauses that violate statutory provisions or consumer interests.
When the consumer protection association issues a warning, it requests the company concerned to remedy the infringement and to submit a cease-and-desist declaration in which the company undertakes to refrain from the infringement in future. If necessary, the consumer protection association can also impose a contractual penalty if the company repeats the infringement. You should therefore always seek legal advice before signing anything too hastily.
Does a legal defense make sense?
Even and especially if there is an infringement and you are responsible for it, a legal defense makes sense. There is also the possibility that the warning was issued in abuse of rights. Finally, a warning letter can suffer from formal errors and therefore fail. You may be threatened with high contractual penalties if you sign the cease-and-desist declaration without the advice and examination of an experienced lawyer and then violate it. You can therefore take advantage of our free initial assessment to find out more here.
What should I bear in mind when issuing a warning?
It is not a solution to simply ignore the warning and sit out the problem. This usually makes things more expensive. Avoid costly legal action and high contractual penalties Take advantage of our free initial assessment. You will receive important tips on the right course of action. After the consultation, you can take your time to consider whether you want to instruct us. If you commission us, you will receive individual support at a fair all-inclusive price.
What is the consumer protection association demanding?
In a warning letter from the Consumer Protection Association, the following is usually requested:
1. elimination of the objectionable conduct: The person being warned is requested to immediately cease the objectionable conduct and to ensure that it is not repeated in the future.
2. submission of a cease-and-desist declaration: The warned party is requested to submit a cease-and-desist declaration subject to penalty. With this declaration, the warned party undertakes to refrain from the conduct complained of in the future and to pay a contractual penalty in the event of a breach of this obligation.
3. reimbursement of warning costs: The warned party is requested to reimburse the costs incurred as a result of the warning. This includes, in particular, the warning party's legal fees.
What is the best way to respond to a warning from the
Keep calm. Nothing is eaten as hot as it is cooked. Below you will find the do's and don'ts that you must observe after receiving a warning letter from the consumer protection association.
Sign and don't pay?
Signing the cease-and-desist declaration sent by the consumer protection association without further ado but not paying anything is not promising according to our experience. This is because the consumer protection association will sue for the claims. This also makes the matter unnecessarily expensive. In addition, you are threatened with severe contractual penalties if you sign the cease-and-desist declaration without consultation and examination and then violate it because you have not or not completely remedied the infringement of competition before you have submitted the cease-and-desist declaration. We therefore advise against this approach. Take advantage of our free initial assessment to find out more. You will already receive helpful tips on how to deal with the warning letter.
Sign and pay?
It is not in your interest to simply sign the cease-and-desist declaration sent by the consumer protection association and pay the amounts demanded. For one thing, you will have to pay nothing or less. In addition, you also face high contractual penalties if you sign the cease-and-desist declaration without consulting and reviewing it and then violate it because you have not remedied the infringement of competition in question or have not remedied it properly before submitting the cease-and-desist declaration. Take advantage of our free initial assessment to find out more. You will receive helpful tips on how to deal with the VSW warning letter.
Ignore the warning?
No way. In our experience, you will soon realize that ignoring a warning letter is the worst possible solution. In competition law in particular, you must expect that the person issuing the warning letter will apply for an interim injunction against you after the deadline set for submitting the cease-and-desist declaration has expired. This not only makes the matter significantly more expensive, but also completely unnecessary.
Call the club?
This approach is not recommended. Please do not disclose any information that unnecessarily complicates your legal defense. Especially if the infringement of competition law has actually occurred and you are responsible for it, a legal defense makes sense. This is simply because you must prevent further infringements of competition law in the future in order to avoid being repeatedly warned or confronted with contractual penalty claims.
What should I pay attention to?
It is not a solution to simply ignore the warning and sit out the problem. This usually makes things more expensive. Avoid costly legal action and high contractual penalties. Take advantage of our free initial assessment. You will already receive important tips on the right course of action here. After the consultation, you can take your time to consider whether you want to instruct us. If you do, you will receive individual support at a fair all-inclusive price.
Mueller.legal - free initial consultation
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Fill in the contact form
Use our contact form and send us your case documents. This will allow us to prepare optimally for the initial consultation.
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We look
at your caseWe take a look at the warning letter. One of our lawyers specializing in cease-and-desist letters will then contact you and discuss the prospects of success of your case with you. The consultation is free of charge.
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Free
initial consultationImmediately after the initial consultation, you will receive our order documents, with which we will once again confirm in writing what we have discussed. You can then consider at your leisure whether you want to continue with us.
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Our offer
for youImmediately after the initial consultation, you will receive an email with our offer - transparent and easy to understand. You can then take your time to decide whether you want to continue with us.
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