Even with a supposed telephone flat rate, it can always happen that calls to certain numbers cause costs. In one case, this has now led to a court ruling: the provider in question must clearly mark possible exceptions to its telephone flat rate.
A flat rate enables unlimited use of an item or service without incurring any additional costs. At least that’s the theory. However, there are always exceptions to telephone flat rates: numbers that are not included in the flat rate. And that’s exactly what a court has now condemned.
With telephone flat rates, exceptions must be clearly visible
With a telephone flat rate, it must be clearly and unmistakably pointed out if certain telephone numbers are excluded from the supposed flat rate – especially if they start with a normal area code. That’s the rough summary.
Specifically, the procedure involved measures taken by the telecommunications provider 1&1 Telekom. This may not advertise a telephone flat rate for the fixed network if there are countless fee-based exceptions and these are not clearly and unmistakably pointed out. The district court of Koblenz has that in one Verdict decided.
Judgment for “misleading advertising”
The Federal Association of Consumers (vzbv) had sued after 1&1 Telekom advertised two Internet tariffs, including a telephone flat rate to the fixed network as part of the contract. In fact, there were exceptions for numbers with area codes that weren’t obvious.
However, the 100-page exception list with chargeable area code numbers could only be reached in eight steps. This includes, for example, dialing in to telephone conference services. As a result, the Chamber did not see it as guaranteed that the average consumer would even take note of it.
Also interesting: Telekom is significantly upgrading prepaid tariffs
O180 area codes and Co. are left out
There was another reason why the court allowed the action to stop misleading advertising. It is known that certain service numbers (e.g. with area codes such as 0180, 0137 or 0900) cause additional costs even with a telephone flat rate. However, services with geographic landline numbers, i.e. numbers with normal area codes, were also excluded from the fixed-line flat rate. Consumers would not expect any paid services here, i.e. no exceptions to their flat rate.