LHR obtains another advertising ban against “consumer protection association” – this time over a disparaging Facebook status update

By Arno Lampmann · Published 27.07.2015

As of: 27.07.2015. The legal situation may have changed since.

In May 2015, we reported about a “Consumer Protection Association“ that provides its numerous and search engine optimized websites for advertising by lawyers for capital investment law.

On them are regularly reappearing advertisements in favor of certain lawyers designated by name which are – in imitation of a an editorial article – designed as a kind of interview in which they are quoted directly.

As misleading advertising was published at the expense of our clients on these pages, the Landgericht Hamburg (Az LG Hamburg, decision v. 04.21.2015. 312 O 134/15) issued a corresponding restraining order in April 2015. We reported.

The inunction, which was issued initially without written reasons, was confirmed after a oral hearing that followed an objection of the association by a ruling from the 30.6.2015.

The „Consumer Protection Association“ is also active on Facebook

In addition to operating its own Internet domains, the association is also active on Facebook. Our client had to discover misleading, disparaging and especially untrue allegations regarding their business model in a status message there as well.

After another attempt at extra judicial dispute settlement failed fruitlessly, the Landgericht Hamburg (LG Hamburg, Beschluss v. 21.7.2015, Az. 312 O 317/15) issued another injunction by which the association is prohibited to distribute or to make the Facebook status message in question available.

In case of violation the association or its board of directors risks a fine of up to 250,000 EUR. The decision has been made by way of a preliminary injunction and therefore has no written explanation and is not legally binding.

The reason why the association so stubbornly refuses to change its advertising methods could be that investment law for business-minded lawyers is a very profitable business model.

We already reported about a stark case here: “Anlegerschutzkanzlei” macht mit 3.500 nahezu identischen und erfolglosen Klagen 6,6 Millionen Euro Umsatz.

The cost of legal proceedings could therefore well be factored in already. This calculation will not be feasible anymore when the courts notice the pattern in the approach and impose heavy fines on such violations. (la)