Judgment: Notino May Not Send Emails to "Cart Abandoners"

The online perfumery Notino is no longer allowed to send "cart abandonment emails" to potential customers who have abandoned an order process. This marketing measure is intended to re-engage consumers and encourage them to complete the contract. The Association for Consumer Information (VKI) filed a lawsuit against this practice on behalf of the Ministry of Social Affairs and was upheld by the Vienna Higher Regional Court. The judgment is final.

Court Stops Promotional Emails to Online Customers After Purchase Abandonment

The subject of the lawsuit was also a clause from the online provider, according to which customers had to actively click a box to not receive mailings. This active "opting out" is inadmissible, which the court confirmed, the VKI stated on Tuesday.

According to the VKI, Notino stated in another clause that in the event of insuring a shipment, customers would not have to wait for a solution within the legal period in case of damage or loss of a shipment. The court also found this clause to be unlawful, as it gives a false impression of the legal situation. "The Consumer Protection Act already regulates that the risk of loss or damage to the goods in a mail order purchase only transfers to the consumers when the goods have been delivered to them," explained VKI lawyer Marlies Leisentritt.

(APA/Red)

This article has been automatically translated, read the original article here.