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Construct Data Verlag: Listing in trade fair exhibitors' directory  

Detail of a stack of legal folders © photocase.com/Mister Vertilger

© photocase.com/Mister Vertilger

20 April 2007

Austrian Schutzverband warns against misleading advertising communications by Construct Data Verlag 

The Austrian “Schutzverband gegen unlauteren Wettbewerb” (a semi-private organisation with a role similar to that of a competition watchdog) has published an article on its website regarding the activities of the company, Construct Data Verlag.

Construct Data Verlag has been sending out advertising communications offering trade show participants a listing in an online-trade fair exhibitors' directory bearing the name "Fair Guide". Recipients often receive the impression that a listing is free, when it is in fact subject to a charge.

The Austrian Schutzverband views such advertising communications behaviour as misleading if dispatched to companies in Austria and should be deemed unacceptable based on the legal precedent of the Supreme Court .

Due to the large number of complaints received from overseas companies and the above-mentioned interpretation of the advertising communications, the Austrian Schutzverband has brought an action for an injunction to prevent this communication and prohibit subsequent collection of deceptively incurred charges.

New Zealand companies that have been contacted by Construct Data Verlag regarding legal action on non-payment(s) should note that the intervention by the Schutzverband cannot replace the contestation of claims under civil law by the misled companies who have signed these contracts. The Austrian Schutzverband therefore recommends withdrawing from the contract on the grounds of error, or on any other applicable contractural law remedy. The Schutzverband also wishes to inform companies that Construct Data has so far not brought any action in a single case following the contestation of a claim.

The full press release in both German and English can be found on theSchutzverband's website under the topic “Klage gegen aus unserer Sicht irreführende Aussendungen für einen Fair Guide”. Additional information and a pro-forma letter to notify Construct Data of contract cancellation are available at the following link:www.stopecg.org/construct_data_fairguide.htm .

Moreover, on 7 April 2007 the New Zealand Commerce Commission issued a warning on itswebsite against corresponding with Construct Data Verlag. The article in full text can be accessed via the following link:New Zealand Commerce Commission warning .

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