The Austrian competition authority, known as BWB, has observed an increase in dubious activities by fraudulent companies targeting smaller businesses. These companies send official-looking letters to businesses, attempting to obtain sensitive data and subsequently demanding payment of significant fees ranging from approximately EUR 800 to over EUR 2000 for a 24-month contract.

Several fraudulent companies have been identified by the BWB based on complaints received, including SolutionCom, Media Solution, Stadtplan/Ortsplan Oberösterreich, Media & Print Group, Nexus Reach Marketing GmbH, and Novo Ad Marketing SL.

These fraudulent firms typically send postal letters that appear to be official, often featuring a state emblem, which misleads businesses into believing they are dealing with a legitimate public registry. The documents are often misleadingly titled, such as “industry register” or “company directory.” Only in the fine print do these companies disclose terms, such as the obligation to pay a higher fee for “the online provision of your company data” and the “independent provision of the service without public mandate.”

To combat these fraudulent activities, the BWB suggests utilizing civil law tools and the Unfair Competition Act (UWG). However, pursuing many of these companies can be challenging due to their foreign locations. For those companies that provide an address in Austria, businesses can report them to the relevant district administrative authority, which is empowered to enforce specific provisions of the UWG that prohibit misleading advertising for directory entries.

Additionally, businesses are advised to report these incidents to the appropriate public prosecutor or police. The BWB emphasizes the importance of caution when receiving such letters, recommending that businesses carefully read the documents, refrain from signing or returning them, and seek legal advice if uncertain. Consultations can also be sought from the Chamber of Commerce, the Association Against Unfair Competition, or legal professionals.

Various institutions have already issued warnings about these fraudulent schemes, including the Chamber of Commerce and the Medical Association of Lower Austria.

Complaints can be submitted to the BWB via email, through their whistleblowing system, or using a complaint form.