Munich (dpa) - The mobile operator Telefonica must pay out 225,000 euros mobile credit to an enterprising customer, who has accumulated a small fortune with call credits.
After several years of litigation over the "Easy Money" credits, the Munich Higher Regional Court upheld the customer.
The man had taken the "easy-money" verbally, bought a total of 508 Telefonica brand O2 prepaid cards, and turned a marketing gag intended for consumer advertising into a lucrative business model: Telefonica wrote on prepaid cards with an easy-money function 2 cents good for every incoming call. The man used redial apps to call himself permanently.
This trick was also used by other O2 customers, but so far no case has become known that involved such a large sum. However, the road to easy money was then difficult and led through two courts: Telefonica had the 508 cards 2015 first blocked, then terminated the contracts and finally denied the payment of the credit. The customer went to court and finally prevailed. The 8th Civil Senate of the Munich OLG did not allow the revision.
The argument of the group: The customer violated both the general terms and conditions as well as good faith. The latter refers to the fact that the 2-cent credit per call was not meant for customers calling themselves thousands of times with computer help.
The court did not deal with the question of whether the man violated good faith. "We did not have to decide that," said the presiding judge Herbert Lechner - and Telefonica obviously has to blame herself. "This is a decision for purely procedural reasons," emphasized the chairman.
Because Telefonica had presented until shortly before the end of the process no documentation, as the credits had come about on the 508 prepaid cards. Part of the 225,000 euros had been saved by regularly charging the cards, this sum would be due to the customer in any case. "This division, the defendant" - Telefonica - "only one week before the date made," said the chairman. That was too late for the judges.
Telefonica has long since withdrawn the "easy money" tariffs, but the cards are still used for a multiple of the original price. As can be seen from the O2 tariff archive on the Internet, a card without a mobile phone originally cost 20 euros. Currently, the cards are on Ebay from 500 euros upwards to have.
The plaintive O2 customer demanded Telefonica even over 300,000 euros, the value of his 508 cards he had estimated because of the high used prices with 100,000 euros. However, the court refused.
O2 prepaid rate with "Easy Money" feature