GMX, 1&1 Mail&Media GmbH
GMX faces two collective actions for injunction of 29 illegal clauses and illegal practices.
Two collective actions
The Verein für Konsumenteninformation (VKI) has filed the claims - on behalf of the Ministry for consumer protection - against the operator of the GMX Internet platform (1&1 Mail & Media GmbH) at the Commercial Court of Vienna (Handelsgericht Wien).
In two judicial settlements, the company committed to refrain from using this clauses and practices.
Complaints of consumers regarding GMX increased - they told consumer protectors about "subscription traps" and tacit renewals of limited contracts. Many "Free-Mail" users got the offer to try the extended version of "ProMail" and "TopMail" for free. But after three months, they received a bill. The "free trial subscription" changed into a subscription with costs.
The contract was concluded due to the simple fact that it was not cancelled. This was explained in the small print of the contract only and furthermore contradicts the Consumer Protection Law (KSchG).
This would only be ok if GMX would have told the consumers about their right to terminate the contract in time. But the company didn't do so.
For affected consumers, this legal settlements mean that their contracts with GMX - if they were concluded in this manner - are invalid and that they don't have to pay anything.