Consumer Law

A German consumer protection federation brought an action against Amazon claiming it had breached the German legislation implementing the Consumer Rights Directive which requires online traders to provide certain information to consumers before a contract is made. This includes “the trader’s telephone number, fax number and email address where available, to enable the consumer to contact the trader quickly and communicate with him efficiently.” The Consumer Rights Directive has been implemented in this country by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which contain the same requirement.

It was alleged that Amazon had breached the Consumer Rights Directive as no fax number is given on the website and no telephone number is made immediately available, although one can be found after a few clicks. Amazon does offer an automated call-back facility and an online chat service, but the consumer protection federation said such means of communication were not sufficient.

The ECJ has confirmed that the key requirement under the Consumer Rights Directive is that traders offer consumers a means of communication which allows the consumer to contact them quickly and to communicate with them efficiently. The correct balance has to be struck between a high level of consumer protection and the trader’s freedom to do business.

In the court’s view it would be disproportionate to unconditionally oblige traders to provide consumers, in all circumstances, with a telephone number, or even to put in place a telephone or fax line or to create a new email address so that consumers can contact them.

Therefore, “where available” should be interpreted as covering traders who already have a telephone or fax number in place that they use, not just for contacting consumers, but for other purposes as well. Where there is no such number, the Consumer Rights Directive does not oblige traders to inform consumers of that telephone number, to provide a telephone or fax line, or to create a new email address to allow consumers to contact them.

Further, the Consumer Rights Directive does not preclude traders from providing other means of communication, such as a website contact form to which the trader can either respond in writing or quickly call the consumer back, in order to satisfy the criteria of direct and effective communication. The provision also does not preclude traders, who do have a telephone number that can be found in a few clicks, from encouraging consumers to use other means of communication such as instant messaging or a telephone callback system.

Case C-649/17 Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV v Amazon EU Sàrl EU:C:2019:576 (10 July 2019)