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Had a contract slipped to you over the phone?

After a sales call, a contract confirmation or invoice arrives, even though you never really agreed? A contract only comes about through a genuine agreement. And even if it did: in distance selling you have a right of withdrawal.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Object to the contract

Your chances of getting your money back

Without clear consent, no contract comes about. And for consumer contracts concluded over the phone you generally have a 14-day right of withdrawal (§ 355 BGB).
For electricity and gas contracts, since 2021: a contract concluded over the phone only becomes effective if you expressly confirm it in text form (for example by email) (§ 41b EnWG).

What you should do now

  1. 1

    1. Do not be intimidated

    An invoice alone does not create a contract. Do not pay hastily.

  2. 2

    2. Object and withdraw

    Declare in writing that no contract has come about, and, as a fallback, the withdrawal. Set a deadline for confirmation.

  3. 3

    3. For electricity and gas, insist on text form

    If your confirmation in text form is missing, the energy contract is not effective; you can rely on this.

  4. 4

    4. Evidence and reporting

    Note the date and time of the call and the number. You can report unlawful telephone advertising to the Federal Network Agency.

How to spot the scam

  • A contract confirmation for something you never clearly agreed to.
  • Pressure on the phone ('only today', 'but you did say yes').
  • A switch of your electricity, gas or phone provider that you did not order.

Frequently asked questions

Is a contract concluded over the phone valid?

Only if there was a genuine agreement. For consumer contracts in distance selling you additionally have a 14-day right of withdrawal. For electricity and gas contracts, since 2021 an express confirmation in text form is even required; otherwise they are ineffective.

Do I have to pay the first invoice?

If no valid contract exists, you owe nothing. Object in writing and do not pay out of reflex. First clarify whether a contract really came about.

Take action now

We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.