Fraudsters call and lurk on your smartphone or landline. TECHBOOK editor-in-chief Andreas Filbig received such a call himself. He reveals how the rip-off works, how expensive it can be for you and, above all, how you can protect yourself.
The next time your phone rings and an unknown number calls you, be skeptical. Again and again, scammers use a mean trick that has spilled over from the USA to Europe and thus also to Germany and can hardly be seen in advance.
The scam is hard to see through
With questions like “Can you hear me?” or “Are you the homeowner?” the caller tries to get the word “yes” out of you, like they do Consumer Center North Rhine-Westphalia reported and now we also had to find out. These and other parts of the conversation are later edited together to give the impression that the person called placed an expensive order on the phone.
I got a call like that too. The number came from Brussels. The phone call lasted only a few seconds. I don’t even remember what I said exactly. When Googling the phone number, however, it quickly became clear what it was all about. Because other users reported the following:
In my case, I haven’t heard anything since then and I hope I haven’t fooled anyone. But not everyone is so lucky.
The nasty surprise often follows a few days later in the mailbox: an expensive bill. Anyone who refuses to pay quickly gets pressure from the fraudsters – who insist on the false telephone recording with the clear “yes” to an alleged purchase contract and even threaten a negative Schufa entry or the debt collection agency. A reader of the online portal “Heise” even got a call back immediately after he absolutely didn’t want to answer “yes” and hung up. There he was threatened with a fine of 125 euros because he had interrupted the phone call.
Also interesting: spam phone numbers that you shouldn’t answer!
How should I behave on the phone?
In any case, be skeptical of unknown callers and avoid answering “yes” to seemingly harmless questions. If the conversation seems strange to you, you can simply hang up. Should you nevertheless become a victim of such a scam: Don’t panic!
The consumer advice center recommends, for example, the following answers: Do not answer “Yes” to “Can you hear me?”, but “I can hear you”.
Attorney Christian Solmecke advises: “Contracts can normally also be concluded over the phone. Here, however, the alleged seller must prove that the contract has come about. To do this, he must have made you a concrete offer over the phone. However, this is missing here. In this context, you shouldn’t let yourself be irritated by a played telephone recording.”
In general, according to Solmecke, such a recording can only be used if the person called has previously agreed to it. So do not let yourself be put under pressure and under no circumstances pay the sum stated on the invoice. If in doubt, contact the consumer advice center, a lawyer or the police – because in this case a criminal complaint would also be an option for the fraudster.
Contract effective without signature?
Even if it sounds a bit strange, a contract concluded over the phone is legally effective even without subsequent written confirmation. To terminate such a contract, however, the written form is required. This is exactly what consumer advocates have been complaining about for years. They demand that contracts concluded over the phone only become valid after they have been signed. Consumers would thus have time to think about it and could not simply be taken by surprise during the call. Unfortunately, politicians have not yet been able to agree on such a generally applicable regulation.