Lawsuit against Construct Data (Fairguide) comes to a successful conclusion
London 05.03.07 | Construct Data have agreed not only to cease the mailing of misleading contracts to the EU, Switzerland and EWR (affiliate States of the EU like Liechtenstein), but also to cancel their demands for money against companies in those countries who dispute the contracts.
In January 2006 StopECG reported on a court case in Austria where the Austrian Schutzverband gegen unlauteren Wettbewerb (representing Austrian commercial interests in relation to unfair competition) were seeking not only to prevent Construct Data from mailing more contracts but also to prevent them from profiting from previously mailed contracts. The initial defence from Construct Data (who are behind the 'Fair Guide') was that the Schutzverband represents Austrian commerce and could therefore not act on behalf of companies outside the country. The Schutzverband for their part argued that Construct Data's activities were so damaging to Austria's reputation as to constitute a cause for concern to all Austrian businesses. They won this important argument and at this point Construct Data settled out of court, essentially acceding to all the Schutzverband's main demands.
An out of court settlement avoids a definitive ruling on Construct Data's tactics by an Austrian judge, however it would be hard for Construct Data (who claim that their contracts are governed by Austrian law) to now pursue a so-called debt through the courts. StopECG and AEO therefore recommend that ALL companies in dispute with Construct Data that feel deceived should refuse to pay. Please understand that there is a remote chance that Construct Data will try a test case against someone who declines to pay and is domiciled outside the area covered by this agreement. Were such a test case occur, StopECG would be delighted, as it would give them the opportunity they desire to present a wealth of evidence against Construct Data.
It is now important that any organization that feels it was mislead by Fairguide into signing a contract notifies them immediately, stating that they would not have entered a contractual agreement knowingly. If you already sent a letter to this effect prior to the agreement, send again. This letter should be sent by email to firstname.lastname@example.org and followed up by recorded mail to:
Construct Data Verlag AG,
Keep the letter and proof of posting on file, this should be the end of your problems with Construct Data, however, if after you have written to CD and informed them that you signed in error you continue to receive demands for money you should complain to the Austrian authorities (details below). Include copies of ALL your correspondence with CD and any debt collection companies they use and please itemise the reasons you have for finding the initial mailshot misleading. Send the same letter to all three addresses below:
Minister of Economy and Work
Department for Competition
Dr. Manfred Pichelmayer,
If you continue to receive demands for payment after you have notified CD please also email email@example.com where you will directed as to how best to proceed.
Please note that the Schutzverband have requested we do not publish a direct translation of the press release. Instead we are asked to direct people to their website where details can be found and we have summarized the important points above. http://www.schutzverband.at
Please visit the following websites for updates and information on Construct Data:
Association of Event Organisers (AEO) www.aeo.org.uk
The AEO Team