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ITMediaLaw - Rechtsanwalt Marian Härtel
Home Law on the Internet

No conclusion of contract in case of subscription trap

7. November 2022
in Law on the Internet
Reading Time: 1 min read
0 0
A A
0
wap p 384x192 1
    In cases of so-called “WAP/WEB billing”, the user is made to believe that he is clicking on a video player button with his smartphone. The top “screen layer” that the user clicks on effectively “lets the click through” and the corresponding clickable areas are arranged to trigger the (invisible) activation button below, which ultimately does not pull the financial claim.
    The District Court of Düsseldorf has now ruled, in my opinion correctly and unambiguously, that if such a course of events is assumed, i.e. the unconscious “clicking through” of several layers, due to the lack of objective recognizability of such behavior to the outside world in legal transactions, not of several, according to §§ 142 para. 1, 123 par. 1 BGB, which can only be contested with ex tunc effect.
    Rather, in these cases, no contract would be concluded at all.

 

Tags: ButtonSmartphone

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  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
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    • Booking as speaker
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    • Gloss / Opinion
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