2023-08-03 07:22:06
Legally binding execution permit decision due to numerous violations of a court settlement with the VKI
Vienna (OTS) – On behalf of the Ministry of Social Affairs, the Association for Consumer Information (VKI) had sued Urban Technology GmbH, which sells dental splints under the “Dr Smile” brand, for a lack of price transparency in . In 2021, a court cease and desist settlement was reached. According to the VKI, Dr Smile subsequently violated this settlement 155 times, which is why the VKI filed a motion for execution. The court of first instance imposed a fine of 77,500 euros. The sentence has now been confirmed by the Regional Court for Civil Matters (LG ZRS) in Vienna. The execution permit decision is final.
The German company Urban Technology offers under the name “Dr Smile” tooth corrections using transparent splints (aligners). In autumn 2020, the VKI sued the company because it had advertised installment payment models for dental treatment in an eye-catching way with a monthly rate of 33 euros without clearly and conspicuously naming the legally required information – such as the interest rate and the total amount to be paid. In the spring of 2021, a court settlement was reached in which the company undertook to refrain from this business practice.
For the period from April to August 2022 alone, the VKI was able to document a total of 155 violations of this comparison. For example, the TV spots advertised in large format with “from €33 per month*”, but an asterisk with the effective annual interest rate of 10.28 percent and a total price of €2,376 was only for two seconds and in much smaller font displayed. Only the monthly rate was acoustically indicated, there was no audible indication of the information required by law.
The VKI then brought an execution request. The district court of Donaustadt imposed a fine of 77,500 euros. The LG ZRS Vienna has now confirmed the amount of the penalty and stated that the penalty imposed must be noticeable in order to prevent Dr Smile from further violations. The fine imposed by the court of first instance is therefore appropriate in view of the large number of title violations and their nature – also for the first penalty imposed.
“We are pleased that the second instance has now confirmed the penalty and hope that Dr Smile will now stop these improper practices. We will continue to keep an eye on Dr Smile, but also on other providers,” comments Dr. Barbara Bauer, responsible lawyer at the VKI.
SERVICE: The resolution in the full text is there www.verbraucherrecht.at/DrSmile082023.
Questions & contact:
Association for Consumer Information
press office
+43 664 231 44 81
presse@vki.at
www.vki.at
1691047339
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