Status: 05/17/2022 11:11 a.m
If the Internet is slower than contractually guaranteed, consumers are entitled to a reduction. However, consumer advocates see major deficits in the implementation.
Slow Internet that remains well below the contractually guaranteed speed: In this case, consumers are entitled to a price reduction. But almost half a year after the law that regulates this came into force, consumer advocates still see major differences between theory and practice. According to a study published today by the Federal Association of Consumer Organizations (vzbv), there is still “considerable room for improvement” in the implementation of the new rights. Complaints that had been received by the consumer advice centers in the past few months were evaluated.
Slow Internet: Reduction per measurement protocol
Contracts for Internet tariffs contain a product information sheet in which the provider specifies the maximum, minimum and data rates normally available. According to the legal regulation, there must be no “considerable, continuous or regularly recurring deviation” from these specifications, otherwise the consumer can assert a claim for a reduction.
For the new reduction right, consumers must use the “breitbandmessung.de” desktop app for broadband measurement by the Federal Network Agency, but via the LAN cable and not via the WLAN, because wireless access to the fixed network Internet speeds up.
In order to get a measurement log, a total of 30 measurements on three different calendar days are required. There should be at least five minutes between the measurements, or at least three hours between the fifth and sixth measurement of the day. The total period for the “measurement campaign” must not be longer than two weeks.
Less pay for poor performance
As an example, the authors cite a right to a price reduction contained in the amended Telecommunications Act (TKG): If a consumer gets worse Internet than contractually guaranteed, he is entitled to a price reduction. The prerequisite, however, is that he can prove this using the Federal Network Agency’s broadband measurement tool.
The Federal Network Agency provides the tool at “breitbandmessung.de”. A total of 30 measurements are to be carried out on three different calendar days. A minimum interval of one calendar day must be observed between the measurement days, and according to the Federal Network Agency, the measurements are to be distributed over the measurement day.
conversations are ongoing
The vzbv does not like the fact that the internet providers offer affected customers a price reduction, but do not explain how it is calculated. Consumer advocate Kathrin Steinbach complains that consumers would then not be able to understand how the offered reduction amount came about. Your vzbv colleague Susanne Blohm is therefore calling for binding guidelines for the calculations of internet providers.
According to its own statements, the Federal Network Agency is holding talks with the telecommunications industry in order to achieve “simplified compensation models”. The talks are still ongoing, said a spokesman for the authorities. One will ensure “that customer rights are implemented in accordance with the amendment to the Telecommunications Act”.
High number of complaints
In addition, since the TKG amendment, telecommunications providers have had to send the consumer a brief summary of the contract before a contract can be concluded. This applies both to calls from telephone hotlines and to advice in shops.
Despite the new rights, the anger of citizens is still great. The vzbv concluded this from the number of complaints about contracts “foisted on” by telephone, which the consumer advice centers received, whereby consumers are persuaded to conclude a contract. While there were still 266 in the first quarter of 2020, this number rose to 328 a year later. In the first quarter of 2022 there were even 387 such complaints. The number of complaints about foisted contracts in shops was also relatively high.