1. A trader providing call centre services promoting products of third parties has to provide information related to the consumer’s right of withdrawal in a clear and understandable way, before the conclusion of a contract and also directly after that the conclusion, in a manner that is appropriate for the communication channel used by the trader according to the Distance and Off-Premises Contracts Act (2005:59). This information should include under what conditions this right exists, the period within which the consumers may exercise this right, how to exercise this right, and if there is a standard form for it, where to find this form. Not providing information at all, or only part of the information after the consumer’s initiative leads to the application of the Marketing Act, namely the omission of information is misleading. Additionally, the telephone seller must also always provide information in regard to their name, reason for calling, the trader’s identity, and the seller’s relation to the trader according to the Distance and Off-Premises Contracts Act (2005:59).
Relevance: The information obligations related to the right of withdrawal were defined by the Court of First Instance, but the Court of Appeal did not discuss and change this part of the decision. Since it is a final judgement, there is no possibility for appeal to the Supreme Court.
2. A trader providing call centre services promoting products of third parties has to provide relevant and true information related to its identity, the identity of the trader on behalf of which the call is made, and the reason of the call. A fine for the distortion of the market can be imposed by the national authorities in this case if the unfair practice is proven to be deployed extensively.
Relevance: This is a final judgement without possibility for appeal to the Supreme Court.