CONSTRUCT DATA

26.01.2005

Euro Ad Alert 
  
Concerning the advertiser:
Construct Data 
Publishers Verlag
          Ortsstr. 54
A-2331 Vösendorf, Austria
Tel. 011 43/699 40 77-0
Fax 011 43/699 40 77-40 


Please act immediately on this information and forward to interested parties
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Construct Data publishers Verlag, located at the above address, has recently attracted a considerable number of complaints to self-regulatory organisations and consumer protection authorities across Europe, the US and Asia.  The mailings from Construct Data Publishers Verlag contains an order form for an entry in the ‘Fair Guide’ and stated that the form should be completed and returned even if the recipient does not wish to place an order.  However, the complainants subsequently discovered that signing the form had committed them to placing an order.  They therefore considered the mailing to be misleading.  
 
Complainant companies having signed up in error and thus were unwilling to pay the subsequent invoice, have been contacted by the Premium Recovery AG (Alte Steinhauserstr. 1, P.O. Box 5346, 6330 Cham/Zug, Tel. 41-41 444 00 00, Fax 41-41 444 00 01, mail@premium-swiss.com), which is the debt collector of Construct Data Publishers Verlag.  The usual practice of the debt collector is that it sends collection notices, and later on calls daily, threatening to take the company to court.  So far, no case is known to have been filed with a court.
 
The Österreichischer Werberat (Austrian Advertising Council (ÖWR)) has twice investigated the mailing and found it to be misleading, and hence in breach of the Austrian Advertising Code.  It has asked the advertiser to stop using the mailing in question.  Construct Data Publishers Verlag were also asked to ensure that all future advertising should state payment obligations clearly and prominently and that its advertising should not mislead by ambiguity.  However, the trader continues to distribute the mailing unchanged.
 
The regional government of Lower Austria (Niederösterreich) has opened legal investigations into the business practices of Construct Data Publishers Verlag.  If the company cannot prove that it is operating legitimately, the regional government may initiate measures to close down the company.
 
SROs are asked to alert relevant parties concerning this advertisement, and alert EASA of any similar mailings in your country.  Should you need any further information, please contact Kristoffer Hammer at the EASA Secretariat, on projects@easa-alliance.org