On February 17, 2010, the Regional Court of Duesseldorf issued a judgment on the requirements for proving defects of address data that have been purchased for telephone marketing purposes.


The defendant, who had been sued for paying the purchase price for the data, claimed the data was faulty because no opt-in consents to telephone marketing activities had been declared by the affected individuals.


The court held that this unspecified objection was not enough to prove the defectiveness of the data. It would have had to be demonstrated and proven in detail:


  • which data had actually been used by the defendant,

  • which individuals had actually opposed the usage of the data and

  • in which specific cases eventually a declaration to cease and desists was required from the user of the data.

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