A1 Telekom convicted: Mislapping iPhone offer is illegal!

A1 Telekom convicted: Mislapping iPhone offer is illegal!

The mobile operator A1 Telekom Austria AG recently suffered a defeat in court. The case revolves around a curly offer in which the iPhone 13 Mini was advertised at a greatly reduced price. This offer was communicated via Facebook and Instagram as part of the "Yess! Summer Sale". However, only 45 of the advertised product were available, which could not be met. As a consumer: clicked on the advertisement inside, they were informed that the product was already "sold out". The Association for Consumer Information (VKI) had filed a lawsuit on behalf of the Ministry of Social Affairs, which led the courts to a clear judgment. 5min.at reports that both the Vienna Higher Regional Court and the Vienna Higher Regional Court.

The decision is final and means that A1 Telekom Austria AG was convicted of contrary action. The courts found that the application of an unavailable product is considered an inadmissible vacuum offer. Dr. Barbara Bauer, a lawyer at the VKI, gave the judgment a significant step in the fight against misleading advertising in online trade. Consumers: Inside, offers must not be misled by offers that ultimately cannot be observed. The examination of this type of advertising is important to ensure that companies have sufficient goods in stock if they advertise with a special offer. The note "As long as the stock lasts" is not considered sufficient if the actual stock does not with the expectations of consumers: inside.

competition law provisions

The judgment in the case of A1 is in line with the provisions of competition law that prohibit misleading advertising. According to vki.at, companies are obliged to ensure that they have a sufficient inventory to cover the demand. Otherwise, legal consequences such as warnings or injunctive relief are described, as well as [https://www.anwalt.de/rechtstipps/irfuehrende-werbung-werb-wett- und competition right-sample-benzen-zula-zigkeit-zimmhnung-241999.html). The objective suitability of advertising is sufficient to mislead, regardless of the company's intention. Inadequate information on the availability of products is also one of the typical case groups of misleading advertising.

The negotiated judgment underlines the importance of transparent and honest communication in the small print of offers. Companies should beware of exaggerations and unclear statements in order to avoid legal problems and to ensure the trust of consumers: to ensure inside.