2016 - Richert was ordered by a German court to stop spamming (for Richpro):
And one of his 'firms' (Richvestor) declared bankruptcy:
Landgericht Braunschweig prohibited the Richpro Internet GmbH and its managing director, Mr Timo Richert, to send spam emails
The Landgericht Braunschweig has the Richpro Internet GmbH and its managing director, Mr Timo Richert prohibited to send consumers without their consent promotional emails. The decision has now provisionally enforceable (LG Braunschweig, Accel. V. 02.15.2016, Az. 9 O 270/16).
About the topic:
The defendant - The Richpro Internet GmbH and its Managing Director, Mr Timo Richert - press on the business area of data trafficking. They are suspected of luring consumers into their Internet sites by sending mass spam e-mails, and asking them to provide their contact details (address, date of birth, telephone number). The contact details are then passed on to third parties who use them for advertising purposes.
The applicant who eV German Consumer Protection Association, has warned the defendant in January 2016 and because of sending spam e-mails in which the recipients was faked, received at government expense a "heating system renovation" or a "state support" for a "heating system renovation" To be able to. The emails had, for example, the following content:
By clicking on the "Your Info Portal" came the email reader to the website www.heizungssanierung24.de the defendant. There, the e-mail reader should follow a multi-page dialogue and finally enter his contact data on the last dialog page in order to "secure" his "heating promotion".
Home www.heizungssanierung24.de Check it out
In imprint of the website was initially www.heizungssanierung24.de the Richpro Internet GmbH and later given a Bela Vista Marketing BV. When Bela Vista Marketing BV, it would be with limited liability under Dutch law after the company name to a society. However, such a company can not be established in the Dutch commercial register. The Bela Vista Marketing BV should therefore be fictitious.
Imprint www.heizungssanierung24.de Imprint www.heizungssanierung24.de
The applicant has criticized the applicant's practice that the sending of e-mail without the consent of the respective addressee pursuant to § 7 (2) No. 3 UWG * constitutes an unreasonable harassment of the recipient. Likewise, an unreasonable harassment according to § 7 Abs. 2 Nr. 4 UWG * was in the veil of the sender of the e-mails. In addition, the imprint of the website is sufficient www.heizungssanierung24.de already in the first version, in which the Richpro Inetrnet GmbH was not specified, not the requirements of § 5 para. 1 TMG ** because the e-mail address of the company is not . In the version with the nonexistent Bela Vista Marketing BV the imprint was not enough especially with the legal requirements of § 5 para. 1 TMG. The applicant has therefore asked the Court to prohibit the applicants by way of interim measures,
To send advertisements by e-mail for commercial purposes or to have them sent by third parties, unless the respective addressee has previously given his explicit consent in the delivery of corresponding advertising e-mails,
To send advertisements by e-mail for commercial purposes or to have them sent by third parties without expressly specifying or indicating the identity of the sender on whose behalf the e-mail is transmitted;
To provide consumers with access to commercial content without giving true information about the
- the name or the name,
- the current address,
- the e-mail address and
- the telephone number
Of the service provider in such a way that they are immediately visible on either side of the offer or are accessible to clearly identified links with the highest of two mouse clicks; and
The Landgericht Braunschweig issued the injunction on 15.01.2016 requesting according. It was handed over to the petitioners today and is therefore provisional from today onwards. The opponents can still attack the decision by means of legal remedies, but must keep the prohibitions until further notice.
The decision of LG Braunschweig:
The Landgericht has accepted the applicant's reasoning and has imposed the requested prohibitions on the standards cited by the applicant.
Advice and action for you
The ever-increasing amount of spam e-mails is a phenomenon that not only annoys many consumers, but also forces them to spend a considerable amount of time ejecting and erasing them every day. It is also difficult for us as a consumer protection association to effectively counter appropriate practices, because the sender often conceals their identity or are resident abroad. Mr. Herr Timo Richert and his companies have long been suspected of not insignificant contribution to the volume of spam. Mr. Richert and his companies also send out their spam e-mails, however, often with false sender or signing with fancy names, in this case simply with "your federation team" without an address. Sometimes the links given in the e-mails, as in this case, however, lead to websites which are clearly assigned to certain persons. If these persons are then still tangible, it is possible to make use of this court for injunctive relief.
We are eager to see how the local applicants will react to the decision. If they continue their spam practices, they will be responsible for any infringement that becomes known to us. In order to prove possible violations, we are dependent on your assistance. If you get spam emails that take you to a website of Mr Timo Richert or its companies Richpro Internet GmbH or Richvestor GmbH or you can associate with these people in a different way, please let us know! Please save the spam e-mail from a .eml file and send us an e-mail attachment to our e-mail address firstname.lastname@example.org .
Extract from the Act against Unfair Competition (UWG)
* § 7 Unreasonable harassment
(1) A commercial act which unduly harassed a market participant is prohibited. This applies in particular to advertising, although it is clear that the market participant concerned does not want this advertising.
(2) An unreasonable harassment must always be accepted
3. In the case of advertising using an automatic calling machine, a fax machine or electronic mail without the prior express consent of the addressee, or
4. When advertising with a message,
A) Where the identity of the sender on whose behalf the message is transmitted is concealed or concealed, or
(B) Which infringes Article 6 (1) of the Telemediengesetz (German Telemedia Act), or in which the consignee is requested to call a website which is contrary to this requirement, or
C) In which there is no valid address to which the recipient can send a request to set such messages without incurring charges other than the transmission costs according to the base rates. Definitions may be invalid under the first sentence of paragraph 1 in conjunction with paragraph 1 sentence 1.
Extract from the Telemediengesetz (TMG)
** § 5 General information requirements
(1) Service providers shall have the following information readily accessible, readily accessible and constantly available for commercial telegrams which are generally offered for remuneration:
1. The name and the address under which they are established, in the case of legal persons the legal form, the authorized representative and, where information on the capital of the company is made, the principal or share capital and, if not all, deposits made in cash , The total amount of the outstanding deposits,
2. Information enabling rapid electronic contact and direct communication with them, including the address of electronic mail,
4. The commercial register, association register, partnership register or cooperative register in which they are registered, and the corresponding register number,
© 2016 German Consumers Protection Association eV
Last updated: March 7, 2016
The Register of Known Spam Operations (ROKSO) collates information and evidence on entities with a history of spamming or providing spam services, and entities affiliated or otherwise connected with them, for the purpose of assisting ISP Abuse Desks and Law Enforcement Agencies.