Unwanted calls, surprise contracts, and how to kill them

Germany has some of Europe's strongest protections against unwanted sales calls and surprise contracts. Whether you receive a cold call about energy, telecom, or other services, or find yourself approached on the street or at your door, German consumer law offers clear safeguards. This guide explains your rights and shows you how to protect yourself from binding contracts you never wanted.

Cold Calls and the Confirmation Rule

In Germany, telephone calls to consumers for sales purposes are illegal unless the calling company has your explicit, documented consent beforehand. This is enforced under Section 7 of the UWG (Gesetz gegen den unlauteren Wettbewerb), the Act against Unfair Competition. The Federal Network Agency (Bundesnetzagentur) imposes substantial fines on violators—companies have faced penalties of €300,000 and more for systematic cold calling.

The Bestätigungslösung: Text Confirmation Required

For gas and electricity contracts sold by phone, German law demands a special safeguard called Bestätigungslösung (confirmation solution). Even if a salesperson persuades you verbally, your spoken 'yes' is not enough to create a binding contract. The company must follow up with a written confirmation—sent by letter or email—that you must sign and return. Only when you have sent back that written confirmation does the contract become legally binding.

Telecom providers (phone and internet) face similar but slightly less strict requirements: they may be permitted to confirm a contract by recording your verbal consent and then sending you a written summary, depending on EU law. However, energy providers face the stricter text-confirmation rule introduced to prevent fraudulent switchovers.

What You Should Do If You Receive a Cold Call

• Do not confirm personal data, read back a scripted statement, or say anything that sounds like agreement to an unknown caller.
• Hang up immediately if you did not initiate the call or have no documented relationship with the company.
• If curious, end the call and contact the company's official number listed on their website to verify the call was legitimate.
• Never provide your account number, address, or full name to an unsolicited caller, even to 'confirm who you are.'
• Keep a record of the caller's name, company, time, and date if you wish to report it.

Doorstep and Street Sales: The 14-Day Widerruf

If a salesperson visits you at home without prior agreement, or if you are approached by a vendor on the street, in a public square, at a coffee bar, or even during a 'free trip' sales event, any contract you sign is protected by law. These are called Haustürgeschäfte (doorstep contracts), and they trigger an automatic 14-day right of withdrawal called the Widerruf.

This 14-day period begins on the day you sign the contract. You do not need to give a reason to cancel, and you do not need anyone's permission. Within those 14 days, you can withdraw from the contract entirely and recover your money. This protection applies to almost any type of goods or service sold outside a shop: appliances, energy contracts, insurance, magazine subscriptions, solar panels, and more.

The Seller's Legal Obligation to Inform You

By law, before you sign, the seller must provide you with clear, written information about your right to cancel. They must hand you a sample cancellation form and explain that you have 14 days to change your mind. If the seller does not do this—or does it incorrectly—the withdrawal period does not begin. Instead, it stretches to 12 months and 14 days, giving you far more time to cancel.

• The seller must give you the cancellation notice before or when you sign.
• The notice must be clear and in German or your native language if you requested it.
• You must receive a sample form showing how to withdraw.
• If the seller fails to do this, the 14-day clock does not start ticking, and you retain cancellation rights for up to one year and 14 days after signing.

How to Cancel a Doorstep Contract

To cancel, you must notify the seller in writing. Send a letter or email to the address they provided, or use their cancellation form if they gave you one. State clearly that you are withdrawing from the contract. Do not need to explain why. Keep a copy of your cancellation letter or a screenshot of your email for proof.

You must send your cancellation within the 14-day period. The date you post the letter or send the email counts—not the date the seller receives it. If you have already paid money or received goods, the seller must refund your payment or retrieve the goods within 14 days of receiving your cancellation notice.

Unauthorized Provider Switches

One of the most common scams in Germany is the unauthorized switch of your energy provider. A cold caller may trick you into confirming personal details, and then claim you have agreed to switch your gas or electricity supplier. Or a door-to-door salesperson may forge your signature or misrepresent a contract. Months later, you discover your provider has changed without your knowledge.

Your Right to Reverse an Unauthorized Switch

If your energy supplier was changed without your explicit, documented consent, you have the right to be returned to your original supplier at no cost. The law does not permit any company to switch your account without clear proof of your agreement.

If you discover an unauthorized switch, you must act quickly. Contact your original energy provider immediately and explain what happened. Also contact the new provider and formally object in writing. Explain that you did not authorize the switch and request immediate cancellation. Send both letters by registered mail so you have proof of delivery.

• Contact your original (previous) provider as soon as you notice the switch. They have a legal obligation to reinstate your contract.
• Contact the new provider and object in writing. State that the switch was unauthorized.
• Request that both providers correct your account status and provide written confirmation.
• Request correction of any bills issued under the unauthorized switch, and a refund if you overpaid.
• Keep all written correspondence and delivery receipts.

When to Escalate to the Bundesnetzagentur

If your energy provider does not resolve the unauthorized switch within a reasonable time—typically a few weeks—or if they refuse to help, you can file a formal complaint with the Bundesnetzagentur (Federal Network Agency). This is Germany's regulator for energy and telecom. They offer a free mediation service and can compel providers to undo unauthorized switches.

To file a complaint, download the consumer complaint template from the Bundesnetzagentur website. Fill it out with details of your case, attach copies of your evidence (the unauthorized contract, bills, correspondence), and send it by registered mail or email. The agency investigates for free and will contact both you and the provider to resolve the matter.

Your Rights When You Receive Unwanted Calls

Even if a call is not attempting to sell you something immediately, you still have rights if it is unwanted. Under German consumer protection law, unsolicited advertising calls are considered an unreasonable nuisance (unzumutbare Belästigung). You can demand that the caller stop, and you can pursue legal action if they continue.

• Tell the caller to remove your number from their list and never call you again.
• Hang up immediately and do not engage further.
• If calls persist, you can seek a cease-and-desist order (einstweilige Verfügung) through a German court.
• Document the dates, times, and content of unwanted calls.
• You can also file a complaint with the Bundesnetzagentur, which has authority to investigate telemarketing violations.

Key Takeaways and Action Steps

1. Cold calls to consumers are illegal without prior explicit consent. Never say yes verbally to an unknown caller, even casually.
2. Energy and telecom contracts require written confirmation to be binding. A phone call alone creates no contract.
3. Doorstep and street sales are protected by a 14-day cancellation right (Widerruf). Use it without shame or hesitation.
4. Always ask the seller for written cancellation information before signing any doorstep contract. If they refuse or provide it incorrectly, your cancellation rights extend to one year and 14 days.
5. If your energy provider is switched without your consent, contact both your old and new provider in writing immediately, and escalate to the Bundesnetzagentur if needed.
6. Keep written records of all your objections and cancellations. Email and registered mail are best.
7. Report violations of cold-call rules to the Bundesnetzagentur. They enforce these laws and fine companies heavily.