Telephone marketing, also in a business domain, constitutes an unacceptable nuisance unless the consent of the person called may in some way be assumed. This principle also applies to a neighbourhood advertising firm whose telephone marketing practices were reviewed by the Higher Regional Court Frankfurt. The advertising firm had contacted the Berlin attorney of an unfair competition association with a view to persuading him to place an advertisement in a scientific journal. The advertising firm wanted to acquire advertisements from various law firms in order to offer a survey of Berlin lawyers in the journal.

The judges saw no valid reasons why the attorney should have been interested in placing an advertisement in such a publication. Above all, the Higher Regional Court could find no evidence to suggest that the lawyer was interested in being contacted by telephone. Thus, the case was decided in favour of the lawyer.