BGH: Threat of Schufa entry prohibited

If a debtor does not pay, they are threatened with further steps. It is common to set payment deadlines and threaten legal action.

In March, the Federal Court of Justice ruled that a threat of a Schufa entry is not permitted. Anyone who violates this can be warned in accordance with Section 4 No. 1 UWG. Only the press release of the BGH is currently available (case no. I ZR 157/13). The consumer advice center had filed a lawsuit against Vodafone. It should also be noted that threatening Schufa can also constitute coercion under Section 240 of the German Criminal Code (StGB). The press release suggests that the BGH could consider the threat of a Schufa entry to be permissible if the addressee is also informed that they can prevent the Schufa entry by disputing the claim.

Date: 7. Apr 2015