Payment Requests for Alleged Subscription

What Should One Do When Receiving a Payment Request?

Time and again, internet service providers attempt to lure consumers into subscriptions through cleverly disguised websites, which are sometimes even explicitly advertised as “free” through the choice of domain name or in prominent text.

The “subscription” is often concluded in such a way that by clicking a confirmation button, one confirms acceptance of the site operator’s terms and conditions, which state in an obscure place that clicking the button enters into a subscription. Experience shows that hardly any consumer reads such terms and conditions. Nevertheless, an invoice is then sent – usually after 5-6 weeks and thus long after the expiry of any cancellation period – referring to the alleged subscription and showing an amount of EUR 96.00 or more for 12 or 24 months.

The resulting distress is usually significant. The first reaction is often a sense of guilt – and many recipients of such “invoices” pay – a huge business for the provider.

But how should one react properly?

When such a payment request is received, referring to an alleged subscription that you or, for example, your children are supposed to have entered into, you should try to immediately document the current appearance of the website through screenshots. Special attention should be paid to whether and – if so – where information about fees or subscriptions is given.

One should also document whether there is a button with content like: “Order now for a fee”, “buy” or similarly clear labels. If this is not the case, any contract would be invalid due to violation of the new button obligation.

For safety reasons, it is also advisable to immediately object to the payment request and, as a precaution, “alternatively” terminate the alleged subscription, for example with a wording such as:

I hereby inform you that to my knowledge, I have not entered into any subscription. Therefore, I will not pay the invoice and reject it as unauthorized. As a precautionary measure, I revoke the allegedly concluded contract and – also as a precautionary measure – I terminate the alleged subscription at the earliest possible date. I will not respond to further payment requests as I have not entered into any contract.

With a letter of this kind, which you should send to the sender by registered mail with return receipt, you have initially objected to the conclusion of the contract and stated your legal position.

Further reactions to letters from the alleged provider or a law firm or collection agency engaged by them are then legally no longer necessary. Experience shows that the letters become increasingly “threatening” in their wording. Often, psychological pressure is built up here to persuade the recipient to pay after all.

The problem is: The more consumers pay, the more likely it is to encourage repetition or imitation. Therefore, the rule is: Keep your nerves and stay calm, file the letters, but do not respond to them and do not pay.

However, it is important to file an objection in due time in the – extremely rare – case of receiving a court order for payment or even a lawsuit against the court order. If a dunning procedure or court proceedings are actually initiated, it is regularly sensible and necessary to consult a lawyer. To our knowledge, lawsuits occur only in the rarest cases.

Criminal Complaint Possible

You can also file a criminal complaint with the police or public prosecutor’s office. It is advisable to submit this in writing, enclosing the evidence, i.e., the letters from the opposing party and also the screenshots taken. If applicable, you can now also refer to the aforementioned decision of the OLG Frankfurt.

However, in any case, you should verifiably object to the invoice once, as explained in more detail above.

Also read the summary of the decision on subscription traps on the Internet.

Help Through the Button Solution?

Important: It is now always necessary to check whether the button solution was observed during the alleged ordering process. If you are not entirely sure about this, you should seek advice.